II 

Calendar No. 546 

112TH CONGRESS 

2D SESSION S. 911 

To establish the sense of Congress that Congress should enact, and the 

President should sign, bipartisan legislation to strengthen public safety 

and to enhance wireless communications. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2011 

Mr. ROCKEFELLER (for himself and Mrs. HUTCHISON) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

NOVEMBER 14, 2012 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish the sense of Congress that Congress should 

enact, and the President should sign, bipartisan legislation to strengthen public safety and to enhance wireless 

communications. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Strengthening Public3 safety and Enhancing Communications Through Reform, 

4 Utilization, and Modernization Act’’ or the ‘‘SPECTRUM 

5 Act’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that Congress should 

8 enact, and the President should sign, bipartisan legislation 

9 to strengthen public safety and to enhance wireless com10 munications by— 

11 (1) providing sufficient wireless spectrum and 

12 other resources to build a nationwide interoperable 

13 wireless public safety broadband network; 

14 (2) encouraging more efficient, flexible, and ef15 fective use of spectrum, a valuable and finite public 

16 resource; 

17 (3) promoting voluntary market mechanisms to 

18 ensure the optimal allocation of spectrum; 

19 (4) reforming the Federal Government’s spec20 trum management practices; and 

21 (5) engaging in advanced research and develop22 ment into emerging wireless technologies. 

23 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

24 (a) SHORT TITLE.—This Act may be cited as the 

25 ‘‘Public Safety Spectrum and Wireless Innovation Act’’. 

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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—REALLOCATION OF PUBLIC SAFETY SPECTRUM 

Sec. 101. Reallocation of D block to public safety. 

Sec. 102. Flexible use of narrowband spectrum. 

TITLE II—GOVERNANCE OF PUBLIC SAFETY SPECTRUM 

Subtitle A—Public Safety Broadband Corporation 

Sec. 201. Single public safety wireless network licensee. 

Sec. 202. Establishment of Public Safety Broadband Corporation. 

Sec. 203. Board of Directors of the Corporation. 

Sec. 204. Officers, employees, and committees of the Corporation. 

Sec. 205. Nonprofit and nonpolitical nature of the Corporation. 

Sec. 206. Powers, duties, and responsibilities of the Corporation. 

Sec. 207. Initial funding for the Corporation. 

Sec. 208. Permanent self-funding; duty to assess and collect fees for network use. 

Sec. 209. Audit and report. 

Sec. 210. Annual report to Congress. 

Sec. 211. Public safety roaming and priority access. 

Sec. 212. Transitional analysis of public safety network attributes. 

Sec. 213. Prohibition on direct offering of commercial telecommunications service 

directly to consumers. 

Sec. 214. Provision of technical assistance. 

Subtitle B—Public Safety Commitments 

Sec. 221. State and Local Implementation Fund. 

Sec. 222. State and local implementation. 

Sec. 223. Public safety wireless communications research and development. 

Sec. 224. Advanced information and communications technology research. 

TITLE III—SPECTRUM AUCTION AUTHORITY 

Sec. 301. Extension of auction authority. 

Sec. 302. Auction of spectrum. 

Sec. 303. Incentive auction authority. 

Sec. 304. Efficient use of public safety spectrum. 

Sec. 305. Report on satellite broadband. 

Sec. 306. Federal infrastructure sharing. 

Sec. 307. Report on unlicensed spectrum. 

TITLE IV—PUBLIC SAFETY TRUST FUND 

Sec. 401. Public Safety Trust Fund. 

TITLE V—SPECTRUM POLICY 

Subtitle A—Inventory and Planning 

Sec. 501. Radio spectrum inventory. 

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Sec. 502. Federal spectrum planning. 

Subtitle B—Markets 

Sec. 511. Promoting secondary spectrum markets. 

Sec. 512. Unlicensed use in 5 GHz. 

Sec. 513. Experimental licenses. 

Sec. 514. Repurposing Federal spectrum for commercial purposes and Federal 

spectrum sharing. 

Sec. 515. Report on spectrum sharing. 

Subtitle C—Efficiency and Management 

Sec. 521. Functional responsibility of the NTIA to ensure efficient use of spectrum. 

Sec. 522. Spectrum efficiency analytic tools. 

Sec. 523. Study on receiver performance and spectrum efficiency. 

Sec. 524. Frequency assignment. 

Sec. 525. Spectrum opportunity cost transparency. 

Sec. 526. System certification. 

Sec. 527. Report to Congress on improving spectrum management. 

Sec. 528. Wireless facilities deployment. 

TITLE VI—STUDIES ON NEXT GENERATION 9-1-1 SERVICES 

Sec. 601. Definitions. 

Sec. 602. NHTSA report on costs for requirements and specifications of Next 

Generation 9–1–1 services. 

Sec. 603. FCC recommendations for legal and statutory framework for Next Generation 9–1–1 services. 

TITLE VII—MISCELLANEOUS 

Sec. 701. Severability. 

Sec. 702. Rule of construction. 

TITLE VIII—COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT 

Sec. 801. Budget compliance. 

1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions shall apply: 

3 (1) 700 MHZ BAND.—The term ‘‘700 MHz band’’ 

4 means the portion of the electromagnetic spectrum be5 tween the frequencies from 698 megahertz to 806 

6 megahertz. 

7 (2) 700 MHZ D BLOCK SPECTRUM.—The term 

8 ‘‘700 MHz D block spectrum’’ means the portion of 

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1 the electromagnetic spectrum between the frequencies 

2 from 758 megahertz to 763 megahertz and between the 

3 frequencies from 788 megahertz to 793 megahertz. 

4 (3) APPROPRIATE COMMITTEES OF CONGRESS.— 

5 Except as otherwise specifically provided, the term 

6 ‘‘appropriate committees of Congress’’ means— 

7 (A) the Committee on Commerce, Science, 

8 and Transportation of the Senate; and 

9 (B) the Committee on Energy and Com10 merce of the House of Representatives. 

11 (4) ASSISTANT SECRETARY.—The term ‘‘Assist12 ant Secretary’’ means the Assistant Secretary of Com13 merce for Communications and Information. 

14 (5) COMMISSION.—The term ‘‘Commission’’ 

15 means the Federal Communications Commission. 

16 (6) CORPORATION.—The term ‘‘Corporation’’ 

17 means the Public Safety Broadband Corporation es18 tablished under subtitle A of title II. 

19 (7) EXISTING PUBLIC SAFETY BROADBAND SPEC20 TRUM.—The term ‘‘existing public safety broadband 

21 spectrum’’ means the portion of the electromagnetic 

22 spectrum between the frequencies— 

23 (A) from 763 megahertz to 768 megahertz; 

24 (B) from 793 megahertz to 798 megahertz; 

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1 (C) from 768 megahertz to 769 megahertz; 

2 and 

3 (D) from 798 megahertz to 799 megahertz. 

4 (8) FEDERAL ENTITY.—The term ‘‘Federal enti5 ty’’ has the same meaning as in section 113(i) of the 

6 National Telecommunications and Information Ad7 ministration Organization Act (47 U.S.C. 923(i)). 

8 (9) NARROWBAND SPECTRUM.—The term 

9 ‘‘narrowband spectrum’’ means the portion of the elec10 tromagnetic spectrum between the frequencies from 

11 769 megahertz to 775 megahertz and between the fre12 quencies from 799 megahertz to 805 megahertz. 

13 (10) NIST.—The term ‘‘NIST’’ means the Na14 tional Institute of Standards and Technology. 

15 (11) NTIA.—The term ‘‘NTIA’’ means the Na16 tional Telecommunications and Information Admin17 istration. 

18 (12) PUBLIC SAFETY ENTITY.—The term ‘‘public 

19 safety entity’’means an entity that provides public 

20 safety services. 

21 (13) PUBLIC SAFETY SERVICES.—The term 

22 ‘‘public safety services’’— 

23 (A) has the meaning given the term in sec24 tion 337(f) of the Communications Act of 1934 

25 (47 U.S.C. 337(f)); and 

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1 (B) includes services provided by emergency 

2 response providers, as that term is defined in 

3 section 2 of the Homeland Security Act of 2002 

4 (6 U.S.C. 101). 

5 TITLE I—REALLOCATION OF 

6 PUBLIC SAFETY SPECTRUM 

7 SEC. 101. REALLOCATION OF D BLOCK TO PUBLIC SAFETY. 

8 (a) IN GENERAL.—The Commission shall reallocate 

9 the 700 MHz D block spectrum for use by public safety enti10 ties in accordance with the provisions of this Act. 

11 (b) SPECTRUM ALLOCATION.—Section 337(a) of the 

12 Communications Act of 1934 (47 U.S.C. 337(a)) is amend13 ed— 

14 (1) by striking ‘‘24’’ in paragraph (1) and in15 serting ‘‘34’’; and 

16 (2) by striking ‘‘36’’ in paragraph (2) and in17 serting ‘‘26’’. 

18 SEC. 102. FLEXIBLE USE OF NARROWBAND SPECTRUM. 

19 The Commission may allow the narrowband spectrum 

20 to be used in a flexible manner, including usage for public 

21 safety broadband communications, subject to such technical 

22 and interference protection measures as the Commission 

23 may require. 

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1 TITLE II—GOVERNANCE OF 

2 PUBLIC SAFETY SPECTRUM 

3 Subtitle A—Public Safety 

4 Broadband Corporation 

5 SEC. 201. SINGLE PUBLIC SAFETY WIRELESS NETWORK LI6 CENSEE. 

7 (a) REALLOCATION AND GRANT OF LICENSE.—Not8 withstanding any other provision of law, and subject to the 

9 provisions of this Act, the Commission shall reallocate and 

10 grant a license to the Public Safety Broadband Corporation 

11 established under section 202 for the use of the 700 MHz 

12 D block spectrum and existing public safety broadband 

13 spectrum. 

14 (b) TERM OF LICENSE.— 

15 (1) INITIAL LICENSE.—The license granted under 

16 subsection (a) shall be for an initial term of 10 years 

17 from the date of the initial issuance of the license. 

18 (2) RENEWAL OF LICENSE.—Prior to expiration 

19 of the term of the initial license granted under sub20 section (a) or the expiration of any subsequent re21 newal of such license, the Corporation shall submit to 

22 the Commission an application for the renewal of 

23 such license. Such renewal application shall dem24 onstrate that, during the preceding license term, the 

25 Corporation has met the duties and obligations set 

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1 forth under this Act. A renewal license granted under 

2 this paragraph shall be for a term of not to exceed 10 

3 years. 

4 (c) FACILITATION OF TRANSITION.—The Commission 

5 shall take all actions necessary to facilitate the transition 

6 of the existing public safety broadband spectrum to the Pub7 lic Safety Broadband Corporation established under section 

8 202. 

9 SEC. 202. ESTABLISHMENT OF PUBLIC SAFETY BROADBAND 

10 CORPORATION. 

11 (a) ESTABLISHMENT.—There is authorized to be estab12 lished a private, nonprofit corporation, to be known as the 

13 ‘‘Public Safety Broadband Corporation’’, which is neither 

14 an agency nor establishment of the United States Govern15 ment or the District of Columbia Government. 

16 (b) APPLICATION OF PROVISIONS.—The Corporation 

17 shall be subject to the provisions of this Act, and, to the 

18 extent consistent with this Act, to the District of Columbia 

19 Nonprofit Corporation Act (sec. 29–301.01 et seq., D.C. Of20 ficial Code). 

21 (c) RESIDENCE.—The Corporation shall have its place 

22 of business in the District of Columbia and shall be consid23 ered, for purposes of venue in civil actions, to be a resident 

24 of the District of Columbia. 

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1 (d) POWERS UNDER DC ACT.—In order to carry out 

2 the duties and activities of the Corporation, the Corporation 

3 shall have the usual powers conferred upon a nonprofit cor4 poration by the District of Columbia Nonprofit Corporation 

5 Act. 

6 (e) INCORPORATION.—The members of the initial 

7 Board of Directors of the Corporation shall serve as 

8 incorporators and shall take whatever steps that are nec9 essary to establish the Corporation under the District of Co10 lumbia Nonprofit Corporation Act. 

11 SEC. 203. BOARD OF DIRECTORS OF THE CORPORATION. 

12 (a) MEMBERSHIP.—The management of the Corpora13 tion shall be vested in a Board of Directors (referred to in 

14 this subtitle as the ‘‘Board’’), which shall consist of the fol15 lowing members: 

16 (1) FEDERAL MEMBERS.—The following individ17 uals, or their respective designees, shall serve as Fed18 eral members: 

19 (A) The Secretary of Commerce. 

20 (B) The Secretary of Homeland Security. 

21 (C) The Attorney General of the United 

22 States. 

23 (D) The Director of the Office of Manage24 ment and Budget. 

25 (2) NON-FEDERAL MEMBERS.— 

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1 (A) IN GENERAL.—The Secretary of Com2 merce shall appoint 11 individuals to serve as 

3 non-Federal members of the Board. 

4 (B) STATE AND LOCAL INTERESTS TO BE

5 REPRESENTED.—In making appointments under 

6 subparagraph (A), the Secretary of Commerce, in 

7 consultation with the Secretary of Homeland Se8 curity and the Attorney General of the United 

9 States, should— 

10 (i) appoint at least 3 individuals to 

11 represent the collective interests of the 

12 States, localities, tribes, and territories; 

13 (ii) seek to ensure geographic and re14 gional representation of the United States 

15 in such appointments; and 

16 (iii) seek to ensure rural and urban 

17 representation in such appointments. 

18 (C) PUBLIC SAFETY INTERESTS TO BE REP19 RESENTED.—In making appointments under 

20 subparagraph (A), the Secretary of Commerce 

21 should appoint at least 3 individuals who have 

22 served or are currently serving as public safety 

23 professionals. 

24 (D) REQUIRED QUALIFICATIONS.— 

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1 (i) IN GENERAL.—Each non-Federal 

2 member appointed under subparagraph (A) 

3 should meet at least 1 of the following cri4 teria: 

5 (I) PUBLIC SAFETY EXPERI6 ENCE.—Knowledge and experience in 

7 the use of Federal, State, local, or trib8 al public safety or emergency response. 

9 (II) TECHNICAL EXPERTISE.— 

10 Technical expertise and fluency regard11 ing broadband communications, in12 cluding public safety communications. 

13 (III) NETWORK EXPERTISE.—Ex14 pertise in building, deploying, and op15 erating commercial telecommuni16 cations networks. 

17 (IV) FINANCIAL EXPERTISE.—Ex18 pertise in financing and funding tele19 communications networks. 

20 (ii) EXPERTISE TO BE REP21 RESENTED.—In making appointments 

22 under subparagraph (A), the Secretary of 

23 Commerce shall appoint— 

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1 (I) at least one individual who 

2 satisfies the requirement under sub3 clause (II) of clause (i); 

4 (II) at least one individual who 

5 satisfies the requirement under sub6 clause (III) of clause (i); and 

7 (III) at least one individual who 

8 satisfies the requirement under sub9 clause (IV) of clause (i). 

10 (E) INDEPENDENCE.— 

11 (i) IN GENERAL.—Each non-Federal 

12 member of the Board shall be independent 

13 and neutral. 

14 (ii) INDEPENDENCE DETERMINA15 TION.—In order to be considered inde16 pendent for purposes of this subparagraph, 

17 a member of the Board— 

18 (I) may not, other than in his or 

19 her capacity as a member of the Board 

20 or any committee thereof— 

21 (aa) accept any consulting, 

22 advisory, or other compensatory 

23 fee from the Corporation; or 

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1 (bb) be a person associated 

2 with the Corporation or with any 

3 affiliated company thereof; and 

4 (II) shall be disqualified from any 

5 deliberation involving any transaction 

6 of the Corporation in which the Board 

7 member has a financial interest in the 

8 outcome of the transaction. 

9 (F) NOT OFFICERS OR EMPLOYEES.—The 

10 non-Federal members of the Board shall not, by 

11 reason of such membership, be considered to be 

12 officers or employees of the United States Gov13 ernment or of the District of Columbia Govern14 ment. 

15 (G) CITIZENSHIP.—No individual other 

16 than a citizen of the United States may serve as 

17 a non-Federal member of the Board. 

18 (b) TERMS OF APPOINTMENT.— 

19 (1) INITIAL APPOINTMENT DEADLINE.—Members 

20 of the Board shall be appointed not later than 180 

21 days after the date of the enactment of this Act. 

22 (2) TERMS.— 

23 (A) LENGTH.— 

24 (i) FEDERAL MEMBERS.—Each Fed25 eral member of the Board shall serve as a 

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1 member of the Board for the life of the Cor2 poration. 

3 (ii) NON-FEDERAL MEMBERS.—The 

4 term of office of each non-Federal member of 

5 the Board shall be 3 years. No non-Federal 

6 member of the Board may serve more than 

7 2 consecutive full 3-year terms. 

8 (B) EXPIRATION OF TERM.—Any member 

9 whose term has expired may serve until such 

10 member’s successor has taken office, or until the 

11 end of the calendar year in which such member’s 

12 term has expired, whichever is earlier. 

13 (C) APPOINTMENT TO FILL VACANCY.—Any 

14 non-Federal member appointed to fill a vacancy 

15 occurring prior to the expiration of the term for 

16 which that member’s predecessor was appointed 

17 shall be appointed for the remainder of the pred18 ecessor’s term. 

19 (D) STAGGERED TERMS.—With respect to 

20 the initial non-Federal members of the Board— 

21 (i) 4 members shall serve for a term of 

22 3 years; 

23 (ii) 4 members shall serve for a term of 

24 2 years; and 

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1 (iii) 3 members shall serve for a term 

2 of 1 year. 

3 (3) VACANCIES.—A vacancy in the membership 

4 of the Board shall not affect the Board’s powers, and 

5 shall be filled in the same manner as the original 

6 member was appointed. 

7 (c) CHAIR.— 

8 (1) SELECTION.—The Secretary of Commerce 

9 shall select, from among the non-Federal members of 

10 the Board, an individual to serve for a 2-year term 

11 as Chair of the Board. 

12 (2) CONSECUTIVE TERMS.—An individual may 

13 not serve for more than 2 consecutive terms as Chair 

14 of the Board. 

15 (3) REMOVAL FOR CAUSE.—The Secretary of 

16 Commerce may remove the Chair of the Board and 

17 any non-Federal member for good cause. 

18 (d) REMOVAL.—All members of the Board may by ma19 jority vote— 

20 (1) remove any non-Federal member of the 

21 Board from office for conduct determined by the 

22 Board to be detrimental to the Board or Corporation; 

23 and 

24 (2) request that the Secretary of Commerce exer25 cise his or her authority to remove the Chair of the 

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1 Board for conduct determined by the Board to be det2 rimental to the Board or Corporation. 

3 (e) MEETINGS.— 

4 (1) FREQUENCY.—The Board shall meet in ac5 cordance with the bylaws of the Corporation— 

6 (A) at the call of the Chairperson; and 

7 (B) not less frequently than once each quar8 ter. 

9 (2) TRANSPARENCY.—Meetings of the Board, in10 cluding any committee of the Board, shall be open to 

11 the public. The Board may, by majority vote, close 

12 any such meeting only for the time necessary to pre13 serve the confidentiality of commercial or financial 

14 information that is privileged or confidential, to dis15 cuss personnel matters, or to discuss legal matters af16 fecting the Corporation, including pending or poten17 tial litigation. 

18 (f) QUORUM.—Eight members of the Board shall con19 stitute a quorum, including at least 6 non-Federal members 

20 of the Board. 

21 (g) BYLAWS.—A majority of the members of the Board 

22 of Directors may amend the bylaws of the Corporation. 

23 (h) ATTENDANCE.—Members of the Board of Directors 

24 may attend meetings of the Corporation and vote in person, 

25 via telephone conference, or via video conference. 

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1 (i) PROHIBITION ON COMPENSATION.—A member of 

2 the Board of the Corporation shall serve without pay, and 

3 shall not otherwise benefit, directly or indirectly, as a result 

4 of their service to the Corporation, but shall be allowed a 

5 per diem allowance for travel expenses, at rates authorized 

6 for an employee of an agency under subchapter I of chapter 

7 57 of title 5, United States Code, while away from the home 

8 or regular place of business of the member in the perform9 ance of the duties of the Corporation. 

10 SEC. 204. OFFICERS, EMPLOYEES, AND COMMITTEES OF 

11 THE CORPORATION. 

12 (a) OFFICERS AND EMPLOYEES.— 

13 (1) IN GENERAL.—The Corporation shall have a 

14 Chief Executive Officer, and such other officers and 

15 employees as may be named and appointed by the 

16 Board for terms and at rates of compensation fixed 

17 by the Board pursuant to this subsection. The Chief 

18 Executive Officer may name and appoint such em19 ployees as are necessary. All officers and employees 

20 shall serve at the pleasure of the Board. 

21 (2) LIMITATION.—No individual other than a 

22 citizen of the United States may be an officer of the 

23 Corporation. 

24 (3) NONPOLITICAL NATURE OF APPOINTMENT.— 

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1 lecting, appointing, promoting, or taking other per2 sonnel actions with respect to officers, agents, or em3 ployees of the Corporation. 

4 (4) COMPENSATION.— 

5 (A) IN GENERAL.—The Board may hire and 

6 fix the compensation of employees hired under 

7 this subsection as may be necessary to carry out 

8 the purposes of the Corporation. 

9 (B) APPROVAL OF COMPENSATION BY FED10 ERAL MEMBERS.—Notwithstanding any other 

11 provision of law, or any bylaw adopted by the 

12 Corporation, all rates of compensation, including 

13 benefit plans and salary ranges, for officers and 

14 employees of the Board, shall be jointly approved 

15 by the Federal members of the Board. 

16 (C) LIMITATION ON OTHER COMPENSA17 TION.—No officer or employee of the Corporation 

18 may receive any salary or other compensation 

19 (except for compensation for services on boards of 

20 directors of other organizations that do not re21 ceive funds from the Corporation, on committees 

22 of such boards, and in similar activities for such 

23 organizations) from any sources other than the 

24 Corporation for services rendered during the pemstockstill on DSK4VPTVN1PROD with BILLS

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1 riod of the employment of the officer or employee 

2 by the Corporation. 

3 (5) SERVICE ON OTHER BOARDS.—Service by 

4 any officer on boards of directors of other organiza5 tions, on committees of such boards, and in similar 

6 activities for such organizations shall be subject to an7 nual advance approval by the Board and subject to 

8 the provisions of the Corporation’s Statement of Eth9 ical Conduct. 

10 (6) RULE OF CONSTRUCTION.—No officer or em11 ployee of the Board or of the Corporation shall be con12 sidered to be an officer or employee of the United 

13 States Government or of the government of the Dis14 trict of Columbia. 

15 (b) ADVISORY COMMITTEES.—The Board— 

16 (1) shall establish a standing public safety advi17 sory committee to assist the Board in carrying out its 

18 duties and responsibilities under this subtitle; and 

19 (2) may establish additional standing or ad hoc 

20 committees, panels, or councils as the Board deter21 mines are necessary. 

22 (c) SELECTION OF AGENTS, CONSULTANTS, AND EX23 PERTS.— 

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1 (1) IN GENERAL.—The Board shall select parties 

2 to serve as its agents, consultants, or experts in a fair, 

3 transparent, and objective manner. 

4 (2) BINDING AND FINAL.—If the selection of an 

5 agent, consultant, or expert satisfies the requirements 

6 under paragraph (1), the selection of that agent, con7 sultant, or expert shall be final and binding. 

8 SEC. 205. NONPROFIT AND NONPOLITICAL NATURE OF THE 

9 CORPORATION. 

10 (a) STOCK.—The Corporation shall have no power to 

11 issue any shares of stock, or to declare or pay any divi12 dends. 

13 (b) PROFIT.—No part of the income or assets of the 

14 Corporation shall inure to the benefit of any director, offi15 cer, employee, or any other individual associated with the 

16 Corporation, except as salary or reasonable compensation 

17 for services. 

18 (c) POLITICS.—The Corporation may not contribute to 

19 or otherwise support any political party or candidate for 

20 elective public office. 

21 (d) PROHIBITION ON LOBBYING ACTIVITIES.—The 

22 Corporation shall not engage in lobbying activities (as de23 fined in section 3(7) of the Lobbying Disclosure Act of 1995 

24 (5 U.S.C. 1602(7))). 

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1 SEC. 206. POWERS, DUTIES, AND RESPONSIBILITIES OF THE 

2 CORPORATION. 

3 (a) GENERAL POWERS.—The Corporation shall have 

4 the authority to do the following: 

5 (1) To adopt and use a corporate seal. 

6 (2) To have succession until dissolved by an Act 

7 of Congress. 

8 (3) To prescribe, through the actions of its 

9 Board, bylaws not inconsistent with Federal law and 

10 the laws of the District of Columbia, regulating the 

11 manner in which the Corporation’s general business 

12 may be conducted and the manner in which the privi13 leges granted to the Corporation by law may be exer14 cised. 

15 (4) To exercise, through the actions of its Board, 

16 all powers specifically granted by the provisions of 

17 this subtitle, and such incidental powers as shall be 

18 necessary. 

19 (5) To hold such hearings, sit and act at such 

20 times and places, take such testimony, and receive 

21 such evidence as the Corporation considers necessary 

22 to carry out its responsibilities and duties. 

23 (6) To obtain grants and funds from and make 

24 contracts with individuals, private companies, orga25 nizations, institutions, and Federal, State, regional, 

26 and local agencies. 

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1 (7) To accept, hold, administer, and utilize gifts, 

2 donations, and bequests of property, both real and 

3 personal, for the purposes of aiding or facilitating the 

4 work of the Corporation. 

5 (8) To issue notes or bonds to purchasers of such 

6 instruments in the private capital markets. 

7 (9) To incur indebtedness to carry out the pur8 poses of this subtitle. 

9 (10) To spend funds under paragraph (6) in a 

10 manner authorized by the Board, but only for pur11 poses that will advance or enhance public safety com12 munications consistent with this Act. 

13 (11) To establish reserve accounts with funds 

14 that the Corporation may receive from time to time 

15 that exceed the amounts required by the Corporation 

16 to timely pay its debt service and other obligations. 

17 (12) To expend the funds placed in any reserve 

18 accounts established under paragraph (11) (including 

19 interest earned on any such amounts) in a manner 

20 authorized by the Board, but only for purposes that— 

21 (A) will advance or enhance public safety 

22 communications consistent with this Act; or 

23 (B) are otherwise approved by an Act of 

24 Congress. 

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1 (13) To take such other actions as the Corpora2 tion (through its Board) may from time to time deter3 mine necessary, appropriate, or advisable to accom4 plish the purposes of this subtitle. 

5 (b) DUTY AND RESPONSIBILITY TO DEPLOY AND OP6 ERATE A NATIONWIDE PUBLIC SAFETY INTEROPERABLE

7 BROADBAND NETWORK.— 

8 (1) IN GENERAL.—The Corporation shall hold 

9 the single public safety wireless license granted under 

10 section 201 and take all actions necessary to ensure 

11 the building, deployment, and operation of a nation12 wide public safety interoperable broadband network 

13 in consultation with Federal, State, tribal, and local 

14 public safety entities, the Director of NIST, the Com15 mission, and the public safety advisory committee es16 tablished in section 204(b)(1), including by, at a min17 imum— 

18 (A) ensuring nationwide standards for use 

19 and access of the network; 

20 (B) issuing open, transparent, and competi21 tive requests for proposals to private sector enti22 ties for the purposes of building, operating, and 

23 maintaining the network; 

24 (C) encouraging that such requests leverage, 

25 to the maximum extent economically desirable, 

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1 existing commercial wireless infrastructure to 

2 speed deployment of the network; and 

3 (D) managing and overseeing the imple4 mentation and execution of contracts or agree5 ments with non-Federal entities to build, oper6 ate, and maintain the network. 

7 (2) INTEROPERABILITY.—In carrying out the du8 ties and responsibilities of this subsection, including 

9 issuing requests for proposals, the Corporation shall— 

10 (A) ensure the safety, security, and resil11 iency of the network, including requirements for 

12 protecting and monitoring the network to protect 

13 against cyberattack; 

14 (B) promote competition in the equipment 

15 market, including devices for public safety com16 munications, by requiring that equipment for 

17 use on the network be— 

18 (i) built to open, non-proprietary, com19 mercially available standards; 

20 (ii) capable of being used by any pub21 lic safety entity and by multiple vendors 

22 across all public safety broadband networks 

23 operating in the 700 MHz band; and 

24 (iii) backward-compatible with exist25 ing second and third generation commercial 

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1 networks to the extent that such capabilities 

2 are necessary and technically and economi3 cally reasonable; and 

4 (C) promote integration of the network with 

5 public safety answering points or their equiva6 lent. 

7 (3) RURAL COVERAGE.—In carrying out the du8 ties and responsibilities of this subsection, including 

9 issuing requests for proposals, the Corporation, con10 sistent with the license granted under section 201, 

11 shall require deployment phases with substantial 

12 rural coverage milestones as part of each phase of the 

13 construction and deployment of the network. To the 

14 maximum extent economically desirable, such pro15 posals shall include partnerships with existing com16 mercial mobile providers to utilize cost-effective op17 portunities to speed deployment in rural areas. 

18 (4) EXECUTION OF AUTHORITY.—In carrying 

19 out the duties and responsibilities of this subsection, 

20 the Corporation may— 

21 (A) obtain grants from and make contracts 

22 with individuals, private companies, and Fed23 eral, State, regional, and local agencies; 

24 (B) hire or accept voluntary services of con25 sultants, experts, advisory boards, and panels to 

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1 aid the Corporation in carrying out such duties 

2 and responsibilities; 

3 (C) receive payment for use of— 

4 (i) network capacity licensed to the 

5 Corporation; and 

6 (ii) network infrastructure constructed, 

7 owned, or operated by the Corporation; and 

8 (D) take such other actions as may be nec9 essary to accomplish the purposes set forth in 

10 this subsection. 

11 (c) OTHER SPECIFIC DUTIES AND RESPONSIBIL12 ITIES.— 

13 (1) ESTABLISHMENT OF NETWORK POLICIES.— 

14 In carrying out the requirements under subsection 

15 (b), the Corporation shall develop— 

16 (A) requests for proposals with appro17 priate— 

18 (i) timetables for construction, includ19 ing by taking into consideration the time 

20 needed to build out to rural areas and the 

21 advantages offered through partnerships 

22 with existing commercial providers under 

23 paragraph (3); 

24 (ii) coverage areas, including coverage 

25 in rural and nonurban areas; 

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1 (iii) service levels; 

2 (iv) performance criteria; and 

3 (v) other similar matters for the con4 struction and deployment of such network; 

5 (B) the technical and operational require6 ments of the network; 

7 (C) practices, procedures, and standards for 

8 the management and operation of such network; 

9 (D) terms of service for the use of such net10 work, including billing practices; and 

11 (E) ongoing compliance review and moni12 toring of the— 

13 (i) management and operation of such 

14 network; 

15 (ii) practices and procedures of the en16 tities operating on and the personnel using 

17 such network; and 

18 (iii) necessary training needs of net19 work operators and users. 

20 (2) STATE AND LOCAL PLANNING.— 

21 (A) REQUIRED CONSULTATION.—In devel22 oping requests for proposals and otherwise car23 rying out its responsibilities under this Act, the 

24 Corporation shall consult with regional, State, 

25 tribal, and local jurisdictions regarding the dismstockstill on DSK4VPTVN1PROD with BILLS

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1 tribution and expenditure of any amounts re2 quired to carry out the policies established under 

3 paragraph (1), including with regard to the— 

4 (i) construction of an Evolved Packet 

5 Core and any Radio Access Network build 

6 out; 

7 (ii) placement of towers; 

8 (iii) coverage areas of the network, 

9 whether at the regional, State, tribal, or 

10 local level; 

11 (iv) adequacy of hardening, security, 

12 reliability, and resiliency requirements; 

13 (v) assignment of priority to local 

14 users; 

15 (vi) assignment of priority and selec16 tion of entities seeking access to or use of 

17 the nationwide public safety interoperable 

18 broadband network established under sub19 section (b); and 

20 (vii) training needs of local users. 

21 (B) METHOD OF CONSULTATION.—The con22 sultation required under subparagraph (A) shall 

23 occur between the Corporation and the single of24 ficer or governmental body designated under sec25 tion 222(d). 

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1 (3) LEVERAGING EXISTING INFRASTRUCTURE.— 

2 In carrying out the requirement under subsection (b), 

3 the Corporation shall enter into agreements to utilize, 

4 to the maximum extent economically desirable, exist5 ing— 

6 (A) commercial or other communications 

7 infrastructure; and 

8 (B) Federal, State, tribal, or local infra9 structure. 

10 (4) MAINTENANCE AND UPGRADES.—The Cor11 poration shall ensure the maintenance, operation, and 

12 improvement of the nationwide public safety inter13 operable broadband network established under sub14 section (b), including by ensuring that the Corpora15 tion updates and revises any policies established 

16 under paragraph (1) to take into account new and 

17 evolving technologies. 

18 (5) ROAMING AGREEMENTS.—The Corporation 

19 shall negotiate and enter into, as it determines appro20 priate, roaming agreements with commercial network 

21 providers to allow the nationwide public safety inter22 operable broadband network to roam onto commercial 

23 networks and gain prioritization of public safety 

24 communications over such networks in times of an 

25 emergency. 

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1 (6) NETWORK INFRASTRUCTURE AND DEVICE

2 CRITERIA.—The Director of NIST, in consultation 

3 with the Corporation and the Commission, shall en4 sure the development of a list of certified devices and 

5 components meeting appropriate protocols and stand6 ards for public safety entities and commercial vendors 

7 to adhere to, if such entities or vendors seek to have 

8 access to, use of, or compatibility with the nationwide 

9 public safety interoperable broadband network estab10 lished under subsection (b). 

11 (7) REPRESENTATION BEFORE STANDARD SET12 TING ENTITIES.—The Director of NIST, in consulta13 tion with the Corporation, the Commission, and the 

14 public safety advisory committee established under 

15 section 204(b)(1), shall represent the interests of pub16 lic safety users of the nationwide public safety inter17 operable broadband network established under sub18 section (b) before any proceeding, negotiation, or 

19 other matter in which a standards organization, 

20 standards body, standards development organization, 

21 or any other recognized standards-setting entity re22 garding the development of standards relating to 

23 interoperability. 

24 (8) PROHIBITION ON NEGOTIATION WITH FOR25 EIGN GOVERNMENTS.—The Corporation shall not have 

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1 the authority to negotiate or enter into any agree2 ments with a foreign government on behalf of the 

3 United States. 

4 (d) USE OF MAILS.—The Corporation may use the 

5 United States mails in the same manner and under the 

6 same conditions as the departments and agencies of the 

7 United States. 

8 SEC. 207. INITIAL FUNDING FOR THE CORPORATION. 

9 (a) NTIA LOANS TO THE CORPORATION.— 

10 (1) IN GENERAL.—Prior to the commencement of 

11 incentive auctions to be carried out under section 

12 309(j)(8)(F) of the Communications Act of 1934 or 

13 the auction of spectrum pursuant to section 302, the 

14 NTIA is authorized to make loans to the Corporation. 

15 (2) CONDITION OF LOANS.—At the time of appli16 cation for, and as a condition to, any such loan, the 

17 Corporation shall file with the NTIA a statement 

18 with respect to the anticipated use of the proceeds of 

19 the loan. 

20 (3) NTIA APPROVAL.—If the NTIA determines 

21 that such loan is necessary for the Corporation to 

22 carry out its duties and responsibilities under this 

23 subtitle and that the Corporation has submitted a 

24 plan which provides as reasonable an assurance of 

25 prompt repayment as may be feasible under the cirmstockstill on DSK4VPTVN1PROD with BILLS

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1 cumstances, then the NTIA shall so certify to the Sec2 retary of the Treasury, and issue notes or other obli3 gations to the Secretary of the Treasury pursuant to 

4 subsection (b). 

5 (b) NTIA NOTES ISSUED TO TREASURY.— 

6 (1) IN GENERAL.—To enable the NTIA to make 

7 loans under subsection (a), the NTIA is authorized to 

8 issue to the Secretary of the Treasury notes or other 

9 obligations, in such forms and denominations, bear10 ing such maturities, and subject to such terms and 

11 conditions, as may be prescribed by the Secretary of 

12 the Treasury. 

13 (2) INTEREST ON NOTES.— 

14 (A) ESTABLISHMENT.—Any notes or other 

15 obligations issued pursuant to paragraph (1) 

16 shall bear interest at a rate determined by the 

17 Secretary of the Treasury, taking into consider18 ation the current average market yield on out19 standing marketable obligations of the United 

20 States of comparable maturities during the 

21 month preceding the issuance of the notes or 

22 other obligations. 

23 (B) REDUCTION.—The Secretary of the 

24 Treasury may reduce the interest rate set forth 

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1 under subparagraph (A) if he determines such 

2 reduction to be in the national interest. 

3 (3) AUTHORITY OF THE TREASURY TO SELL

4 NOTES.—The Secretary of the Treasury may at any 

5 time sell any of the notes or other obligations acquired 

6 by him under this subsection. All redemptions, pur7 chases, and sales by the Secretary of the Treasury of 

8 such notes or other obligations shall be treated as pub9 lic debt transactions of the United States. 

10 SEC. 208. PERMANENT SELF-FUNDING; DUTY TO ASSESS 

11 AND COLLECT FEES FOR NETWORK USE. 

12 (a) IN GENERAL.—The Corporation is authorized to 

13 assess and collect the following fees: 

14 (1) NETWORK USER FEE.—A user or subscrip15 tion fee from each entity, including any public safety 

16 entity or secondary user, that seeks access to or use 

17 of the nationwide public safety interoperable 

18 broadband network established under this subtitle. 

19 (2) LEASE FEES RELATED TO NETWORK CAPAC20 ITY.— 

21 (A) IN GENERAL.—A fee from any entity 

22 that seeks to enter into a covered leasing agree23 ment. 

24 (B) COVERED LEASING AGREEMENT.—For 

25 purposes of subparagraph (A), a ‘‘covered leasing 

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1 agreement’’ means a written agreement between 

2 the Corporation and secondary user to permit— 

3 (i) access to network capacity on a sec4 ondary basis for non-public safety services; 

5 and 

6 (ii) the spectrum allocated to such enti7 ty to be used for commercial transmissions 

8 along the dark fiber of the long-haul net9 work of such entity. 

10 (3) LEASE FEES RELATED TO NETWORK EQUIP11 MENT AND INFRASTRUCTURE.—A fee from any entity 

12 that seeks access to or use of any equipment or infra13 structure, including antennas or towers, constructed 

14 or otherwise owned by the Corporation. 

15 (b) ESTABLISHMENT OF FEE AMOUNTS; PERMANENT

16 SELF-FUNDING.—The total amount of the fees assessed for 

17 each fiscal year pursuant to this section shall be sufficient, 

18 and shall not exceed the amount necessary, to recoup the 

19 total expenses of the Corporation in carrying out its duties 

20 and responsibilities described under this subtitle for the fis21 cal year involved. 

22 (c) REQUIRED REINVESTMENT OF FUNDS.—The Cor23 poration shall reinvest amounts received from the assess24 ment of fees under this section in the nationwide public 

25 safety interoperable broadband network by using such funds 

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1 only for constructing, maintaining, or improving the net2 work. 

3 SEC. 209. AUDIT AND REPORT. 

4 (a) AUDIT.— 

5 (1) IN GENERAL.—The financial transactions of 

6 the Corporation for any fiscal year during which 

7 Federal funds are available to finance any portion of 

8 its operations shall be audited by the Comptroller 

9 General of the United States annually in accordance 

10 with the principles and procedures applicable to com11 mercial corporate transactions and under such rules 

12 and regulations as may be prescribed by the Comp13 troller General. Each audit conducted by the Comp14 troller General under this paragraph shall be made 

15 available to Congress. 

16 (2) LOCATION.—Any audit conducted under 

17 paragraph (1) shall be conducted at the place or 

18 places where accounts of the Corporation are nor19 mally kept. 

20 (3) ACCESS TO CORPORATION BOOKS AND DOCU21 MENTS.— 

22 (A) IN GENERAL.—For purposes of an audit 

23 conducted under paragraph (1), the representa24 tives of the Comptroller General shall— 

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1 (i) have access to all books, accounts, 

2 records, reports, files, and all other papers, 

3 things, or property belonging to or in use by 

4 the Corporation that pertain to the finan5 cial transactions of the Corporation and are 

6 necessary to facilitate the audit; and 

7 (ii) be afforded full facilities for 

8 verifying transactions with the balances or 

9 securities held by depositories, fiscal agents, 

10 and custodians. 

11 (B) REQUIREMENT.—All books, accounts, 

12 records, reports, files, papers, and property of the 

13 Corporation shall remain in the possession and 

14 custody of the Corporation. 

15 (b) REPORT.— 

16 (1) IN GENERAL.—The Comptroller General of 

17 the United States shall submit a report of each audit 

18 conducted under subsection (a) to— 

19 (A) the appropriate committees of Congress; 

20 (B) the President; and 

21 (C) the Corporation. 

22 (2) CONTENTS.—Each report submitted under 

23 paragraph (1) shall contain— 

24 (A) such comments and information as the 

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1 form Congress of the financial operations and 

2 condition of the Corporation; 

3 (B) any recommendations of the Comp4 troller General relating to the financial oper5 ations and condition of the Corporation; and 

6 (C) a description of any program, expendi7 ture, or other financial transaction or under8 taking of the Corporation that was observed dur9 ing the course of the audit, which, in the opinion 

10 of the Comptroller General, has been carried on 

11 or made without the authority of law. 

12 SEC. 210. ANNUAL REPORT TO CONGRESS. 

13 (a) IN GENERAL.—Not later than 1 year after the date 

14 of enactment of this Act, and each year thereafter, the Cor15 poration shall submit an annual report covering the pre16 ceding fiscal year to the appropriate committees of Con17 gress. 

18 (b) REQUIRED CONTENT.—The report required under 

19 subsection (a) shall include— 

20 (1) a comprehensive and detailed report of the 

21 operations, activities, financial condition, and accom22 plishments of the Corporation under this section; and 

23 (2) such recommendations or proposals for legis24 lative or administrative action as the Corporation 

25 deems appropriate. 

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1 (c) AVAILABILITY TO TESTIFY.—The directors, officers, 

2 employees, and agents of the Corporation shall be available 

3 to testify before the appropriate committees of the Congress 

4 with respect to— 

5 (1) the report required under subsection (a); 

6 (2) the report of any audit made by the Comp7 troller General under section 209; or 

8 (3) any other matter which such committees may 

9 determine appropriate. 

10 SEC. 211. PUBLIC SAFETY ROAMING AND PRIORITY ACCESS. 

11 The Commission may adopt rules, if necessary in the 

12 public interest, to improve the ability of public safety net13 works to roam onto commercial networks and to gain pri14 ority access to commercial networks in an emergency if— 

15 (1) the public safety entity equipment is tech16 nically compatible with the commercial network; 

17 (2) the commercial network is reasonably com18 pensated; and 

19 (3) such access does not preempt or otherwise ter20 minate or degrade all existing voice conversations or 

21 data sessions. 

22 SEC. 212. TRANSITIONAL ANALYSIS OF PUBLIC SAFETY 

23 NETWORK ATTRIBUTES. 

24 (a) ESTABLISHMENT OF EVALUATION FRAMEWORK.— 

25 Not later than 180 days after the date of enactment of this 

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1 Act, the Director of NIST, in consultation with the Sec2 retary of Homeland Security, the Attorney General, and the 

3 Director of the Office of Management and Budget, shall de4 velop an evaluation framework. The development of such an 

5 evaluation framework shall be informed by a study commis6 sioned by the Director of NIST and completed by an inde7 pendent and neutral agent, consultant, or expert, who has— 

8 (1) at least 5 years of technical and economic ex9 perience in analyzing the costs and effectiveness of 

10 communications networks; and 

11 (2) agreed not to contract or subcontract with the 

12 Corporation for at least 3 years from the date such 

13 study is completed other than for follow-on and re14 lated studies. 

15 (b) CONSIDERATIONS.—The evaluation framework re16 quired to be developed under subsection (a) shall take into 

17 consideration the public safety network attributes identified 

18 in a report completed by the Visiting Committee on Ad19 vanced Technology of NIST. The report required under this 

20 subsection shall identify the desired attributes of the nation21 wide public safety interoperable broadband network to be 

22 established under this title, as well as any other attributes 

23 the Secretary of Commerce may request. 

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1 (c) REQUIRED EVALUATIONS.—The evaluation frame2 work required to be developed under subsection (a) shall 

3 evaluate— 

4 (1) the marginal cost of each public safety net5 work attribute in developing, deploying, and oper6 ating the nationwide public safety interoperable 

7 broadband network to be established under this title; 

8 (2) the benefit of each public safety network at9 tribute to the nationwide public safety interoperable 

10 broadband network; 

11 (3) the economic feasibility of requiring that 

12 each public safety attribute be required as part of the 

13 nationwide public safety interoperable broadband net14 work; 

15 (4) the resulting competitive vendor supply eco16 system created by each public safety attribute that is 

17 a part of the nationwide public safety interoperable 

18 broadband network; and 

19 (5) the level of variability in regional require20 ments for each public safety attribute that is a part 

21 of the nationwide public safety interoperable 

22 broadband network. 

23 (d) PROVISION OF FRAMEWORK TO THE CORPORA24 TION.—The evaluation framework required to be developed 

25 under subsection (a) shall be provided to the Board of Direcmstockstill on DSK4VPTVN1PROD with BILLS

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1 tors of the Corporation, and the Corporation shall utilize 

2 the findings of such framework to develop a cost-benefit 

3 analysis to inform the building, deployment, and operation 

4 of the nationwide public safety interoperable broadband 

5 network to be established under this title. 

6 (e) OMB RESPONSIBILITY.—The Director of the Office 

7 of Management and Budget, or his designee, as a member 

8 of the Board of Directors of the Corporation, shall have the 

9 responsibility to ensure that evaluation framework required 

10 to be developed under subsection (a) is appropriately uti11 lized by the Corporation. 

12 SEC. 213. PROHIBITION ON DIRECT OFFERING OF COMMER13 CIAL TELECOMMUNICATIONS SERVICE DI14 RECTLY TO CONSUMERS. 

15 (a) IN GENERAL.—The Corporation shall not offer, 

16 provide, or market commercial telecommunications or in17 formation services directly to consumers. 

18 (b) RULE OF CONSTRUCTION.—Nothing in this section 

19 shall be construed to prohibit the Corporation and a sec20 ondary user from entering into a covered leasing agreement 

21 pursuant to section 208(a)(2)(B). Nothing in this section 

22 shall be construed to limit the Corporation from collecting 

23 lease fees related to network equipment and infrastructure 

24 pursuant to section 208(a)(3). 

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1 SEC. 214. PROVISION OF TECHNICAL ASSISTANCE. 

2 The Commission may provide technical assistance to 

3 the Corporation and may take any action necessary to as4 sist the Corporation in effectuating its duties and respon5 sibilities under this subtitle. 

6 Subtitle B—Public Safety 

7 Commitments 

8 SEC. 221. STATE AND LOCAL IMPLEMENTATION FUND. 

9 (a) ESTABLISHMENT.—There is established in the 

10 Treasury of the United States a fund to be known as the 

11 ‘‘State and Local Implementation Fund’’. 

12 (b) PURPOSE.—The Assistant Secretary shall establish 

13 and administer the grant program under section 222 using 

14 the funds deposited in the State and Local Implementation 

15 Fund. 

16 (c) CREDITING OF RECEIPTS.—There shall be depos17 ited into or credited to the State and Local Implementation 

18 Fund— 

19 (1) any amounts specified in section 401; and 

20 (2) any amounts borrowed by the Assistant Sec21 retary under subsection (d). 

22 (d) BORROWING AUTHORITY.— 

23 (1) IN GENERAL.—The Assistant Secretary may 

24 borrow from the general fund of the Treasury begin25 ning on October 1, 2011, such sums as may be necmstockstill on DSK4VPTVN1PROD with BILLS

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1 essary, but not to exceed $250,000,000, to implement 

2 section 222. 

3 (2) REIMBURSEMENT.—The Assistant Secretary 

4 shall reimburse the general fund of the Treasury, 

5 without interest, for any amounts borrowed under 

6 subparagraph (A) as funds are deposited into the 

7 State and Local Implementation Fund. 

8 SEC. 222. STATE AND LOCAL IMPLEMENTATION. 

9 (a) ESTABLISHMENT OF STATE AND LOCAL IMPLE10 MENTATION GRANT PROGRAM.—The Assistant Secretary, in 

11 consultation with the Corporation, shall take such action 

12 as is necessary to establish a grant program to make grants 

13 to States to assist State, regional, tribal, and local jurisdic14 tions to identify, plan, and implement the most efficient 

15 and effective way for such jurisdictions to utilize and inte16 grate the infrastructure, equipment, and other architecture 

17 associated with the nationwide public safety interoperable 

18 broadband network established under subtitle A to satisfy 

19 the wireless communications and data services needs of that 

20 jurisdiction, including with regards to coverage, siting, and 

21 other needs. 

22 (b) MATCHING REQUIREMENTS; FEDERAL SHARE.— 

23 (1) IN GENERAL.—The Federal share of the cost 

24 of any activity carried out using a grant under this 

25 section may not exceed 80 percent of the eligible costs 

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1 of carrying out that activity, as determined by the 

2 Assistant Secretary, in consultation with the Cor3 poration. 

4 (2) WAIVER.—The Assistant Secretary may 

5 waive, in whole or in part, the requirements of para6 graph (1) for good cause shown if the Assistant Sec7 retary determines that such a waiver is in the public 

8 interest. 

9 (c) PROGRAMMATIC REQUIREMENTS.—Not later than 

10 6 months after the establishment of the bylaws of the Cor11 poration pursuant to section 206, the Assistant Secretary, 

12 in consultation with the Corporation, shall establish re13 quirements relating to the grant program to be carried out 

14 under this section, including the following: 

15 (1) Defining eligible costs for purposes of sub16 section (b)(1). 

17 (2) Determining the scope of eligible activities 

18 for grant funding under this section. 

19 (3) Prioritizing grants for activities that ensure 

20 coverage in rural as well as urban areas. 

21 (d) CERTIFICATION AND DESIGNATION OF OFFICER OR

22 GOVERNMENTAL BODY.—In carrying out the grant pro23 gram established under this section, the Assistant Secretary 

24 shall require each State to certify in its application for 

25 grant funds that the State has designated a single officer 

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1 or governmental body to serve as the coordinator of imple2 mentation of the grant funds. 

3 SEC. 223. PUBLIC SAFETY WIRELESS COMMUNICATIONS RE4 SEARCH AND DEVELOPMENT. 

5 (a) NIST DIRECTED RESEARCH AND DEVELOPMENT

6 PROGRAM.—From amounts made available from the Public 

7 Safety Trust Fund established under section 401, the Direc8 tor of NIST, in consultation with the Commission, the Sec9 retary of Homeland Security, and the National Institute 

10 of Justice of the Department of Justice, as appropriate, 

11 shall conduct research and assist with the development of 

12 standards, technologies, and applications to advance wire13 less public safety communications. 

14 (b) REQUIRED ACTIVITIES.—In carrying out the re15 quirement under subsection (a), the Director of NIST, in 

16 consultation with the Corporation and the public safety ad17 visory committee established under section 204(b)(1), 

18 shall— 

19 (1) document public safety wireless communica20 tions technical requirements; 

21 (2) accelerate the development of the capability 

22 for communications between currently deployed public 

23 safety narrowband systems and the nationwide public 

24 safety interoperable broadband network to be estab25 lished under this title; 

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1 (3) establish a research plan, and direct research, 

2 that addresses the wireless communications needs of 

3 public safety entities beyond what can be provided by 

4 the current generation of broadband technology; 

5 (4) accelerate the development of mission critical 

6 voice, including device-to-device ‘‘talkaround’’ capa7 bility over broadband networks, public safety 

8 prioritization, authentication capabilities, and stand9 ard application programing interfaces for the nation10 wide public safety interoperable broadband network to 

11 be established under this title, if necessary and prac12 tical; 

13 (5) accelerate the development of communications 

14 technology and equipment that can facilitate the even15 tual migration of public safety narrowband commu16 nications to the nationwide public safety interoper17 able broadband network to be established under this 

18 title; and 

19 (6) convene working groups of relevant govern20 ment and commercial parties to achieve the require21 ments in paragraphs (1) through (5). 

22 SEC. 224. ADVANCED INFORMATION AND COMMUNICA23 TIONS TECHNOLOGY RESEARCH. 

24 (a) TELECOMMUNICATIONS INNOVATION ACCELERA25 TION.— 

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1 (1) IN GENERAL.—In order to accelerate the pace 

2 of innovation with respect to advanced telecommuni3 cations capability (as such term is defined in section 

4 706(c)(1) of the Telecommunications Act of 1996 (47 

5 U.S.C. 1302), the Director of NIST and the Director 

6 of the National Science Foundation shall expand ex7 isting programs to support and promote innovation 

8 in the United States through transformative tele9 communications research. 

10 (2) COMPETITIONS.—The Director of NIST and 

11 the Director of the National Science Foundation shall, 

12 on an annual basis, jointly solicit proposals to ad13 dress areas of national need for transformative tele14 communications research, as such areas are identified 

15 by each of the Directors. 

16 (3) TRANSFORMATIVE TELECOMMUNICATIONS RE17 SEARCH DEFINED.—In this section, the term ‘‘trans18 formative telecommunications research’’ means basic 

19 research with respect to telecommunications, as that 

20 term is defined in section 3(43) of the Communica21 tions Act of 1934 (47 U.S.C. 153(43)) that involves 

22 ideas, discoveries, or tools that — 

23 (A) radically change understanding of an 

24 important existing scientific or engineering con25 cept or educational practice; or 

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1 (B) leads to the creation of a new paradigm 

2 or field of science, engineering, or education re3 lated to telecommunications. 

4 (b) ADVANCED COMMUNICATIONS SERVICES FOR ALL

5 AMERICANS.—The Director of NIST shall continue to sup6 port research and support standards development in ad7 vanced information and communications technologies fo8 cused on enhancing or facilitating the availability and af9 fordability of advanced communications services to all 

10 Americans, in order to implement the Institute’s respon11 sibilities under section 2(c)(12) of the National Institute of 

12 Standards and Technology Act (15 U.S.C. 272(c)(12)). The 

13 Director of NIST shall support intramural research and co14 operative research with institutions of higher education (as 

15 defined in section 101(a) of the Higher Education Act of 

16 1965 (20 U.S.C. 1001(a))) and industry. 

17 (c) EMERGING WIRELESS TECHNOLOGY RESEARCH.— 

18 (1) IN GENERAL.—From amounts made avail19 able from the Public Safety Trust Fund established 

20 under section 401, the Director of the National 

21 Science Foundation shall expand existing grant pro22 grams to include transformative telecommunications 

23 research relevant to emerging wireless technologies 

24 that may enhance advanced communications services 

25 or make such services more affordable for consumers. 

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1 Areas of research to be supported through these grants 

2 may include— 

3 (A) opportunistic spectrum sharing; 

4 (B) wireless cyberphysical systems; 

5 (C) more efficient use of the wireless spec6 trum; 

7 (D) dynamic spectrum access, including 

8 cognitive radio technologies; 

9 (E) interference mitigation; 

10 (F) emerging user interface and sensing 

11 technologies; 

12 (G) wireless ad hoc networks; 

13 (H) network resiliency and cybersecurity; 

14 (I) communications interoperability, par15 ticularly between heterogeneous network tech16 nologies; 

17 (J) pervasive information technology; 

18 (K) nanoelectronics for communications ap19 plications; 

20 (L) low-power communications electronics; 

21 (M) networking protocols and architectures; 

22 and 

23 (N) such other related areas as the Director 

24 finds appropriate. 

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1 (2) APPLICATIONS.—The Director of the Na2 tional Science Foundation shall establish criteria for 

3 the award of grants under paragraph (1). Grants 

4 awarded under paragraph (1) shall be awarded on a 

5 merit-reviewed competitive basis. The Director of the 

6 National Science Foundation shall give priority to 

7 grants that offer the potential for transformative 

8 breakthroughs. 

9 (3) LIMITATION ON USE.—Not more than 5 per10 cent of any amounts made available in a fiscal year 

11 from the Public Safety Trust Fund established under 

12 section 401 may be used by the Director of the Na13 tional Science Foundation to cover the administrative 

14 expenses incurred in carrying out this subsection. 

15 (d) DARPA RESEARCH.— 

16 (1) IN GENERAL.—From amounts made avail17 able from the Public Safety Trust Fund established 

18 under section 401, the Defense Advanced Research 

19 Projects Agency (referred to in this subsection as 

20 ‘‘DARPA’’) shall conduct wireless communications re21 search to develop more secure, reliable, and flexible 

22 radio-frequency systems for Federal wireless users. 

23 Areas of research to be supported by this subsection 

24 include, but are not limited to— 

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1 (A) technologies to increase wireless data 

2 transmission speeds to enable the next generation 

3 of Federal networks; 

4 (B) spectrum sharing and interference miti5 gation techniques to enable more efficient uses of 

6 wireless spectrum; 

7 (C) technologies to allow and foster the re8 allocation of spectrum, if appropriate, for non9 Federal use; and 

10 (D) research that fosters the conversion of 

11 the Department of Defense’s wireless communica12 tions systems, and those of other Federal users, 

13 to more advanced or more efficient systems. 

14 (2) COOPERATION.—In carrying out this sub15 section, DARPA shall collaborate where appropriate 

16 with NTIA, NIST, NSF, and other interested Federal 

17 agencies. 

18 (3) LIMITATION ON USE.—Not more than 5 per19 cent of any amounts made available in a fiscal year 

20 from the Public Safety Trust Fund established under 

21 section 401 may be used by DARPA to cover the ad22 ministrative expenses incurred in carrying out this 

23 subsection. 

24 (4) OMB REVIEW.—Amounts appropriated to 

25 DARPA under this subsection shall be available upon 

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1 approval by the Director of the Office of Management 

2 and Budget of an implementation plan that has been 

3 developed and submitted to the Director by the head 

4 of DARPA. 

5 TITLE III—SPECTRUM AUCTION 

6 AUTHORITY 

7 SEC. 301. EXTENSION OF AUCTION AUTHORITY. 

8 Section 309(j)(11) of the Communications Act of 1934 

9 (47 U.S.C. 309(j)(11)) is amended by striking ‘‘2012’’ and 

10 inserting ‘‘2021’’. 

11 SEC. 302. AUCTION OF SPECTRUM. 

12 (a) IDENTIFICATION OF SPECTRUM.—Not later than 1 

13 year after the date of enactment of this Act, the Assistant 

14 Secretary shall identify and make available for immediate 

15 reallocation, at a minimum, 15 megahertz of contiguous 

16 spectrum at frequencies located between 1675 megahertz and 

17 1710 megahertz, inclusive, minus the geographic exclusion 

18 zones, or any amendment thereof, identified in NTIA’s Oc19 tober 2010 report entitled ‘‘An Assessment of Near-Term Vi20 ability of Accommodating Wireless Broadband Systems in 

21 1675–1710 MHz, 1755–1780 MHz, 3500–3650 MHz, and 

22 4200–4220 MHz, 4380–4400 MHz Bands’’. 

23 (b) AUCTION.—Not later than January 31, 2014, the 

24 Commission shall conduct the auctions of the following li25 censes, by commencing the bidding for: 

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1 (1) The spectrum between the frequencies of 1915 

2 megahertz and 1920 megahertz, inclusive. 

3 (2) The spectrum between the frequencies of 1995 

4 megahertz and 2000 megahertz, inclusive. 

5 (3) The spectrum between the frequencies of 2020 

6 megahertz and 2025 megahertz, inclusive. 

7 (4) The spectrum between the frequencies of 2155 

8 megahertz and 2175 megahertz, inclusive. 

9 (5) The spectrum between the frequencies of 2175 

10 megahertz and 2180 megahertz, inclusive. 

11 (6) The spectrum between the frequencies of 1755 

12 megahertz and 1850 megahertz, inclusive. 

13 (7) The spectrum identified pursuant to sub14 section (a). 

15 (c) AUCTION ORGANIZATION.—The Commission may, 

16 if technically feasible and consistent with the public inter17 est, combine the spectrum identified in paragraphs (4), (5), 

18 and the portion of paragraph (6) between the frequencies 

19 of 1755 megahertz and 1780 megahertz, inclusive, of sub20 section (b) in an auction of licenses for paired spectrum 

21 blocks. 

22 (d) FURTHER REALLOCATION OF CERTAIN OTHER

23 SPECTRUM.— 

24 (1) COVERED SPECTRUM.—For purposes of this 

25 subsection, the term ‘‘covered spectrum’’ means the 

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1 portion of the electromagnetic spectrum between the 

2 frequencies of 3550 to 3650 megahertz, inclusive, 

3 minus the geographic exclusion zones, or any amend4 ment thereof, identified in NTIA’s October 2010 re5 port entitled ‘‘An Assessment of Near-Term Viability 

6 of Accommodating Wireless Broadband Systems in 

7 1675–1710 MHz, 1755–1780 MHz, 3550–3650 MHz, 

8 and 4200–4220 MHz, 4380–4400 MHz Bands’’. 

9 (2) IN GENERAL.—Consistent with requirements 

10 of section 309(j) of the Communications Act of 1934, 

11 the Commission shall reallocate covered spectrum for 

12 assignment by competitive bidding unless the Presi13 dent of the United States determines that— 

14 (A) such spectrum cannot be reallocated due 

15 to the need to protect incumbent Federal systems 

16 from interference; or 

17 (B) allocation of other spectrum— 

18 (i) better serves the public interest, con19 venience, and necessity; and 

20 (ii) can reasonably be expected to 

21 produce receipts comparable to what the 

22 covered spectrum might auction for without 

23 the geographic exclusion zones. 

24 (3) ACTIONS REQUIRED IF COVERED SPECTRUM

25 CANNOT BE REALLOCATED.— 

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1 (A) IN GENERAL.—If the President makes a 

2 determination under paragraph (2) that the cov3 ered spectrum cannot be reallocated, then the 

4 President shall, within 1 year after the date of 

5 such determination— 

6 (i) identify alternative bands of fre7 quencies totaling more than 20 megahertz 

8 and no more than 100 megahertz of spec9 trum used primarily by Federal agencies 

10 that satisfy the requirements of clauses (i) 

11 and (ii) of paragraph (2)(B); 

12 (ii) report to the appropriate commit13 tees of Congress and the Commission an 

14 identification of such alternative spectrum 

15 for assignment by competitive bidding; and 

16 (iii) make such alternative spectrum 

17 for assignment immediately available for 

18 reallocation. 

19 (B) AUCTION.—If the President makes a de20 termination under paragraph (2) that the cov21 ered spectrum cannot be reallocated, the Commis22 sion shall commence the bidding of the alter23 native spectrum identified pursuant to subpara24 graph (A) within 3 years of the date of enact25 ment of this Act. 

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1 (4) ACTIONS REQUIRED IF COVERED SPECTRUM

2 CAN BE REALLOCATED.—If the President does not 

3 make a determination under paragraph (1) that the 

4 covered spectrum cannot be reallocated, the Commis5 sion shall commence the competitive bidding for the 

6 covered spectrum within 3 years of the date of enact7 ment of this Act. 

8 (e) PROCEEDS.—Notwithstanding section 309(j)(8)(A) 

9 of the Communications Act of 1934, and except as provided 

10 in subparagraphs (B), (C), and (D) of such section 

11 309(j)(8), all proceeds (including deposits and up front 

12 payments from successful bidders) from the auctions to be 

13 carried out pursuant to subsections (b) and (d) shall be de14 posited with the Public Safety Trust Fund established 

15 under section 401. 

16 (f) AMENDMENTS TO DESIGN REQUIREMENTS RE17 LATED TO COMPETITIVE BIDDING.—Section 309(j) of the 

18 Communications Act of 1934 (47 U.S.C. 309(j)) is amend19 ed— 

20 (1) in paragraph (3)— 

21 (A) in subparagraph (E)(ii), by striking ‘‘; 

22 and’’ and inserting a semicolon; 

23 (B) in subparagraph (F), by striking the 

24 period at the end and inserting a semicolon; and 

25 (C) by adding at the end the following: 

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1 ‘‘(G) ensuring that there is an adequate op2 portunity for applicants to obtain licenses cov3 ering both large and small geographic areas, as 

4 such areas are determined by the Commission.’’; 

5 and 

6 (2) by amending clause (i) of the second sentence 

7 of paragraph (8)(C) to read as follows: 

8 ‘‘(i) the deposits— 

9 ‘‘(I) of successful bidders of any 

10 auction conducted pursuant to sub11 paragraph (F) or to section 302 of the 

12 Public Safety Spectrum and Wireless 

13 Innovation Act shall be paid to the 

14 Public Safety Trust Fund established 

15 under section 401 of such Act; and 

16 ‘‘(II) of successful bidders of any 

17 other auction shall be paid to the 

18 Treasury;’’. 

19 SEC. 303. INCENTIVE AUCTION AUTHORITY. 

20 (a) IN GENERAL.—Paragraph (8) of section 309(j) of 

21 the Communications Act of 1934 (47 U.S.C. 309(j)) is 

22 amended— 

23 (1) in subparagraph (A), by striking ‘‘(B), (D), 

24 and (E),’’ and inserting ‘‘(B), (D), (E), and (F),’’; 

25 and 

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1 (2) by adding at the end the following: 

2 ‘‘(F) INCENTIVE AUCTION AUTHORITY.— 

3 ‘‘(i) AUTHORITY.—Notwithstanding 

4 any other provision of law, if the Commis5 sion determines that it is consistent with 

6 the public interest in utilization of the spec7 trum for a licensee to relinquish voluntarily 

8 some or all of its licensed spectrum usage 

9 rights in order to permit the assignment of 

10 new initial licenses through a competitive 

11 bidding process subject to new service rules, 

12 or the designation of new spectrum for unli13 censed use, the Commission may disburse to 

14 that licensee a portion of any auction pro15 ceeds that the Commission determines, in its 

16 discretion, are attributable to the licensee’s 

17 relinquished spectrum usage rights, pro18 vided that television broadcast stations re19 quired to be carried pursuant to sections 

20 338, 614, or 615 that voluntarily elect to 

21 share a channel shall retain the rights to 

22 carriage set forth in such sections and the 

23 rules of the Commission, as such rights 

24 apply to such station at its shared location. 

25 ‘‘(ii) PROHIBITION.— 

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1 ‘‘(I) IN GENERAL.—The Commis2 sion may not reclaim spectrum li3 censed on a primary basis to a tele4 vision broadcast station, directly or in5 directly, on an involuntary basis for 

6 purposes of providing spectrum to 

7 carry out an incentive auction under 

8 this subparagraph. 

9 ‘‘(II) EXCEPTION.—The Commis10 sion may reclaim spectrum licensed to 

11 a television broadcast station licensee 

12 for the purposes of providing spectrum 

13 to carry out an incentive auction 

14 under this subparagraph, only if the 

15 Commission assigns an identical 

16 amount of contiguous spectrum, located 

17 between channels 14 and 50, in the 

18 same geographic market, if the spec19 trum was reclaimed from between 

20 channels 14 and 51, or located between 

21 channels 2 and 13, inclusive, in the 

22 same geographic market, to the tele23 vision broadcast station licensee if the 

24 spectrum was reclaimed from between 

25 channels 2 and 13, provided that— 

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1 ‘‘(aa) the Commission may 

2 not involuntarily co-locate mul3 tiple television broadcast station 

4 licensees on the same channel; and 

5 ‘‘(bb) television broadcast 

6 stations required to be carried 

7 pursuant to sections 338, 614, or 

8 615 that voluntarily elect to share 

9 a channel shall retain the rights 

10 to carriage set forth in such sec11 tions and the rules of the Commis12 sion, as such rights apply to such 

13 station at its shared location. 

14 ‘‘(III) REPACKING.—When assign15 ing spectrum to television broadcast 

16 station licensees pursuant to subclause 

17 (II), if the Commission determines that 

18 it is in the public interest to modify 

19 the spectrum usage rights of any in20 cumbent licensee in order to facilitate 

21 the assignment of such new initial li22 censes subject to new service rules, or 

23 the designation of spectrum for an un24 licensed use, the Commission may dis25 burse to such licensee a portion of the 

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1 auction proceeds for the purpose of re2 locating to any alternative frequency 

3 or location that the Commission may 

4 designate, and the Commission shall, 

5 to the extent technically feasible and in 

6 the public interest, make reasonable ef7 forts to— 

8 ‘‘(aa) preserve the amount of 

9 population covered by a licensee’s 

10 signal within the licensee’s service 

11 area; 

12 ‘‘(bb) avoid any involuntary 

13 increase in interference to the li14 censee’s signal that may otherwise 

15 result from new spectrum assign16 ments; 

17 ‘‘(cc) allow licensees assigned 

18 to broadcast channels 2 through 6 

19 to relocate to channels in the 

20 UHF range, if possible and con21 sistent with the goals of the incen22 tive auction, as determined by the 

23 Commission; and 

24 ‘‘(dd) allow low power tele25 vision broadcast licensees assigned 

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1 to channels in the UHF range 

2 that are impacted by relocation of 

3 other licensees pursuant to this 

4 subclause to relocate to channels 

5 in the VHF range. 

6 ‘‘(IV) UNLICENSED SPECTRUM.— 

7 With respect to frequency bands be8 tween 54 and 72 MHz, 76 and 88 

9 MHz, 174 and 216 MHz, 470 and 698 

10 MHz, 84 MHz shall be assigned via a 

11 competitive bidding process. A portion 

12 of the proceeds from the competitive 

13 bidding of the frequency bands identi14 fied in the prior sentence may, if con15 sistent with the public interest, be dis16 bursed to other licensees, for the pur17 pose of ensuring that unlicensed spec18 trum remains available in these fre19 quency bands, nationwide, and in each 

20 local market. 

21 ‘‘(iii) TREATMENT OF REVENUES.— 

22 Notwithstanding subparagraph (A), and ex23 cept as provided in subparagraphs (B), (C), 

24 and (D), all proceeds (including deposits 

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1 ders) from the auction of spectrum under 

2 this subparagraph shall be deposited with 

3 the Public Safety Trust Fund established 

4 under section 401 of the Public Safety Spec5 trum and Wireless Innovation Act. 

6 ‘‘(G) ESTABLISHMENT OF INCENTIVE AUC7 TION RELOCATION FUND.— 

8 ‘‘(i) IN GENERAL.—There is established 

9 in the Treasury of the United States a fund 

10 to be known as the ‘Incentive Auction Relo11 cation Fund’. 

12 ‘‘(ii) ADMINISTRATION.—The Assistant 

13 Secretary shall administer the Incentive 

14 Auction Relocation Fund using the amounts 

15 deposited pursuant to this section. 

16 ‘‘(iii) CREDITING OF RECEIPTS.— 

17 There shall be deposited into or credited to 

18 the Incentive Auction Relocation Fund any 

19 amounts specified in section 401 of the Pub20 lic Safety Spectrum and Wireless Innova21 tion Act. 

22 ‘‘(iv) AVAILABILITY.—Amounts in the 

23 Incentive Auction Relocation Fund shall be 

24 available to the NTIA for use— 

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1 ‘‘(I) for a period not to exceed 18 

2 months following the later of— 

3 ‘‘(aa) the completion of in4 centive auction from which such 

5 amounts were derived; or 

6 ‘‘(bb) the date on which the 

7 Commission issues all the new 

8 channel assignments pursuant to 

9 any repacking required under 

10 subparagraph (F)(ii); and 

11 ‘‘(II) without further appropria12 tion. 

13 ‘‘(v) USE OF FUNDS.—Amounts in the 

14 Incentive Auction Relocation Fund may 

15 only be used by the NTIA, in consultation 

16 with the Commission, to cover— 

17 ‘‘(I) the reasonable costs of tele18 vision broadcast stations that are relo19 cated to a different spectrum channel 

20 or geographic location following an in21 centive auction under subparagraph 

22 (F), or that are impacted by such relo23 cations, including to cover the cost of 

24 new equipment, installation, and con25 struction; and 

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1 ‘‘(II) the costs incurred by multi2 channel video programming distribu3 tors for new equipment, installation, 

4 and construction related to the car5 riage of such relocated stations or the 

6 carriage of stations that voluntarily 

7 elect to share a channel, but retain 

8 their existing rights to carriage pursu9 ant to sections 338, 614, and 615.’’. 

10 (b) INCENTIVE AUCTIONS TO REPURPOSE CERTAIN

11 MOBILE SATELLITE SERVICES SPECTRUM FOR TERRES12 TRIAL BROADBAND USE.—To the extent that the Commis13 sion makes available spectrum licenses on some or all of 

14 the frequencies between 2000 and 2020 MHz and 2180 and 

15 2200 MHz for terrestrial broadband use, such licenses shall 

16 be assigned pursuant to the authority provided in section 

17 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 

18 309(j)(8)), including, as appropriate, subparagraph (F) of 

19 such section. 

20 (c) SENSE OF CONGRESS.—It is the sense of Congress 

21 that any spectrum identified for auction under this section 

22 should be licensed— 

23 (1) on a flexible use basis to the extent techno24 logically feasible; and 

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1 (2) consistent with the public interest, conven2 ience, and necessity. 

3 SEC. 304. EFFICIENT USE OF PUBLIC SAFETY SPECTRUM. 

4 (a) STUDY AND REPORT.—Not later than 180 days 

5 after the date of enactment of this Act and not later than 

6 every 2 years thereafter, the Commission shall conduct a 

7 study and submit a report to the appropriate committees 

8 of Congress and to the Corporation on the spectrum used 

9 by public safety licensees or for public safety services pursu10 ant to section 337(f) of the Communications Act of 1934 

11 (47 U.S.C. 337). 

12 (b) REQUIREMENTS.—The report required under sub13 section (a) shall— 

14 (1) inventory the spectrum assigned to public 

15 safety use; and 

16 (2) include— 

17 (A) the amount of spectrum allocated to 

18 public safety use; 

19 (B) the number of licensees and amount of 

20 spectrum assigned to each licensee; 

21 (C) a general description of technologies 

22 and systems in each band; 

23 (D) an approximation of network coverage, 

24 as appropriate, of major systems (such as an esmstockstill on DSK4VPTVN1PROD with BILLS

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1 timation of land mobile radio coverage by popu2 lation) in major metropolitan areas; and 

3 (E) an approximate number of users of 

4 major systems, such as the number of first re5 sponders using land mobile radio, in major 

6 metro areas; 

7 (3) assess if spectrum is adequate to meet the 

8 current and future needs for public safety services; 

9 and 

10 (4) assess the opportunity for return of any ad11 ditional spectrum to the Commission for reallocation. 

12 SEC. 305. REPORT ON SATELLITE BROADBAND. 

13 Not later than 2 years after the date of enactment of 

14 this Act, the Comptroller General of the United States shall 

15 conduct a study and submit to the appropriate committees 

16 of Congress a report on the current and future capabilities 

17 of fixed and mobile satellite broadband to assist public safe18 ty entities during an emergency. 

19 SEC. 306. FEDERAL INFRASTRUCTURE SHARING. 

20 The Administrator of General Services shall establish 

21 rules to allow public safety entities licensed or otherwise 

22 permitted to use spectrum allocated to the Public Safety 

23 Broadband Corporation to have access to those components 

24 of Federal infrastructure appropriate for the construction 

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1 and maintenance of the nationwide public safety interoper2 able broadband network to be established under title II. 

3 SEC. 307. REPORT ON UNLICENSED SPECTRUM. 

4 Not later than 5 years after the date of enactment of 

5 this Act, the Commission shall submit to the appropriate 

6 committees of Congress a report on— 

7 (1) the status of development of any spectrum 

8 designated as unlicensed spectrum by the Commission 

9 under this Act; and 

10 (2) the use of any unlicensed spectrum described 

11 in paragraph (1). 

12 TITLE IV—PUBLIC SAFETY 

13 TRUST FUND 

14 SEC. 401. PUBLIC SAFETY TRUST FUND. 

15 (a) ESTABLISHMENT OF PUBLIC SAFETY TRUST

16 FUND.— 

17 (1) IN GENERAL.—There is established in the 

18 Treasury of the United States a trust fund to be 

19 known as the ‘‘Public Safety Trust Fund’’. 

20 (2) CREDITING OF RECEIPTS.— 

21 (A) IN GENERAL.—There shall be deposited 

22 into or credited to the Public Safety Trust Fund 

23 the proceeds from the auction of spectrum car24 ried out pursuant to— 

25 (i) section 302 of this Act; and 

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1 (ii) section 309(j)(8)(F) of the Commu2 nications Act of 1934, as added by section 

3 303 of this Act. 

4 (B) AVAILABILITY.—Amounts deposited into 

5 or credited to the Public Safety Trust Fund in 

6 accordance with subparagraph (A) shall remain 

7 available until the end of fiscal year 2021. Upon 

8 the expiration of the period described in the 

9 prior sentence such amounts shall be deposited in 

10 the General Fund of the Treasury, where such 

11 amounts shall be dedicated for the sole purpose 

12 of deficit reduction. 

13 (b) USE OF FUND.—Amounts deposited in the Public 

14 Safety Trust Fund shall be used in the following manner: 

15 (1) PAYMENT OF AUCTION INCENTIVE.— 

16 (A) REQUIRED DISBURSALS.—Amounts in 

17 the Public Safety Trust Fund shall be used to 

18 make any required disbursal of payments to li19 censees required pursuant to— 

20 (i) clause (i) and subclauses (III) and 

21 (IV) of clause (ii) of section 309(j)(8)(F) of 

22 the Communications Act of 1934; and 

23 (ii) section 303(b) of this Act. 

24 (B) NOTIFICATION TO CONGRESS.— 

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1 (i) IN GENERAL.—At least 3 months in 

2 advance of any incentive auction conducted 

3 pursuant to subparagraph (F) of section 

4 309(j)(8) of the Communications Act of 

5 1934, the Chairman of the Commission, in 

6 consultation with the Director of the Office 

7 of Management and Budget, shall notify the 

8 appropriate committees of Congress— 

9 (I) of the methodology for calcu10 lating the disbursal of payments to cer11 tain licensees required pursuant to 

12 clause (i) and subclauses (III) and 

13 (IV) of clause of (ii) of such section; 

14 and 

15 (II) that such methodology con16 siders the value of the spectrum volun17 tarily relinquished in its current use 

18 and the timeliness with which the li19 censee will clear its use of such spec20 trum. 

21 (ii) DEFINITION.—In this clause, the 

22 term ‘‘appropriate committees of Congress’’ 

23 means— 

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1 (I) the Committee on Commerce, 

2 Science, and Transportation of the 

3 Senate; 

4 (II) the Committee on Appropria5 tions of the Senate; 

6 (III) the Committee on Energy 

7 and Commerce of the House of Rep8 resentatives; and 

9 (IV) the Committee on Appropria10 tions of the House of Representatives. 

11 (2) INCENTIVE AUCTION RELOCATION FUND.— 

12 Not less than 5 percent of the amounts in the Public 

13 Safety Trust Fund but not more than $1,000,000,000 

14 shall be deposited in the Incentive Auction Relocation 

15 Fund established under section 309(j)(8)(G) of the 

16 Communications Act of 1934. 

17 (3) STATE AND LOCAL IMPLEMENTATION

18 FUND.—$250,000,000 shall be deposited in the State 

19 and Local Implementation Fund established under 

20 section 221. 

21 (4) PUBLIC SAFETY BROADBAND CORPORA22 TION.—$11,750,000,000 shall deposited with the Pub23 lic Safety Broadband Corporation established under 

24 section 202, of which pursuant to its responsibilities 

25 and duties set forth under section 206 to deploy and 

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1 operate a nationwide public safety interoperable 

2 broadband network— 

3 (A) not less than $10,500,000,000 shall be 

4 made available for any Radio Access Network 

5 build out; and 

6 (B) not less than $1,250,000,000 shall be 

7 made available to develop an Evolved Packet 

8 Core. 

9 (5) PUBLIC SAFETY RESEARCH AND DEVELOP10 MENT.—$100,000,000 per year for each of the fiscal 

11 years 2012 through 2016 shall be made available for 

12 use by the Director of NIST to carry out the research 

13 program established under section 223. 

14 (6) ADVANCED INFORMATION AND TECHNOLOGY

15 RESEARCH.—$200,000,000 per year for each of the 

16 fiscal years 2012 through 2016 shall be made avail17 able to carry out the programs established under sec18 tion 224, of which— 

19 (A) $130,000,000 per year shall be made 

20 available to the Director of the National Science 

21 Foundation to carry out the grant program es22 tablished under section 224(c); and 

23 (B) $70,000,000 per year shall be made 

24 available to DARPA to carry out the research 

25 program established under section 224(d). 

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1 (7) DEFICIT REDUCTION.—Any amounts remain2 ing after the deduction of the amounts required under 

3 paragraphs (1) through (6) shall be deposited in the 

4 General Fund of the Treasury, where such amounts 

5 shall be dedicated for the sole purpose of deficit reduc6 tion. 

7 (c) INVESTMENT.—Amounts in the Public Safety Trust 

8 Fund shall be invested in accordance with section 9702 of 

9 title 31, United States Code, and any interest on, and pro10 ceeds from, any such investment shall be credited to, and 

11 become a part of, the Fund. 

12 TITLE V—SPECTRUM POLICY 

13 Subtitle A—Inventory and Planning 

14 SEC. 501. RADIO SPECTRUM INVENTORY. 

15 (a) SPECTRUM INVENTORY.—Part I of title III of the 

16 Communications Act of 1934 (47 U.S.C. 301 et seq.) is 

17 amended by adding at the end the following: 

18 ‘‘SEC. 342. SPECTRUM INVENTORY. 

19 ‘‘(a) RADIO SPECTRUM INVENTORY.—Not later than 

20 180 days after the date of enactment of the Public Safety 

21 Spectrum and Wireless Innovation Act, and biennially 

22 thereafter, the Commission, in consultation with the NTIA 

23 and the Office of Science and Technology Policy, shall carry 

24 out the following activities: 

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1 ‘‘(1) REPORT.—Prepare a report that includes 

2 an inventory of each radio spectrum band, from 300 

3 MHz to 3.5 GHz, at a minimum, managed by each 

4 such agency. Except as provided in subsection (b), the 

5 report shall include— 

6 ‘‘(A) the licensee or government user author7 ized in the band; 

8 ‘‘(B) the total spectrum authorized for each 

9 licensee or government user (in percentage terms 

10 and in sum) in the band; 

11 ‘‘(C) the approximate number of transmit12 ters, end-user terminals, or receivers, excluding 

13 unintended radiators, that have been deployed or 

14 authorized, for each licensee or government user, 

15 in the band; and 

16 ‘‘(D) if such information is available— 

17 ‘‘(i) the type of transmitters, end-user 

18 terminals, or receivers, excluding unin19 tended radiators, operating in the band and 

20 whether they are space-, air-, or ground21 based; 

22 ‘‘(ii) the type of transmitters, end-user 

23 terminals, or receivers, excluding unin24 tended radiators, authorized to operate in 

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1 the band and whether they are space-, air2 , or ground-based; 

3 ‘‘(iii) contour maps or other informa4 tion that illustrate the coverage area, re5 ceiver performance, and other parameters 

6 relevant to an assessment of the availability 

7 of spectrum in each band; 

8 ‘‘(iv) the approximate geolocation of 

9 base stations or fixed transmitters; 

10 ‘‘(v) the approximate extent of use, by 

11 geography, of each band of frequencies, such 

12 as the amount and percentage of time of 

13 use, number of end-users, or other measures 

14 as appropriate to the particular band; 

15 ‘‘(vi) the activities, capabilities, func16 tions, or missions supported by the trans17 mitters, end-user terminals, or receivers; 

18 and 

19 ‘‘(vii) the types of unlicensed devices 

20 authorized to operate in the band. 

21 ‘‘(2) PUBLIC ACCESS.—Create a centralized por22 tal or website utilizing data from the Commission 

23 and the NTIA to make a centralized inventory of the 

24 bands of each agency available to the public via an 

25 Internet-accessible website. 

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1 ‘‘(3) UPDATES.—Make all reasonable efforts to 

2 maintain and update the information required under 

3 paragraph (2) no less frequently than quarterly to re4 flect, at a minimum, any transfer or auction of li5 censes or change in allocation, assignment, or author6 ization. 

7 ‘‘(4) FCC TO BEAR COSTS.—Notwithstanding 

8 any other provision of law, all costs incurred by the 

9 Commission and the NTIA in establishing and main10 taining the centralized inventory and the centralized 

11 portal or website shall be borne exclusively by the 

12 Commission. 

13 ‘‘(5) PAPERWORK REDUCTION ACT EXEMPTION.— 

14 Any forms prescribed by the Commission under this 

15 section, and any information-gathering activities of 

16 the Commission under this section, shall not be sub17 ject to the provisions of sections 3507 or 3512 of title 

18 44, United States Code (44 U.S.C. 3507, 3512). 

19 ‘‘(b) NATIONAL SECURITY; CLASSIFIED INFORMA20 TION.— 

21 ‘‘(1) IN GENERAL.—If the head of a Federal 

22 agency determines that disclosure of information re23 quired by subsection (a) would be harmful to the na24 tional security of the United States, the agency 

25 shall— 

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1 ‘‘(A) notify the NTIA of its determination; 

2 and 

3 ‘‘(B) provide to the NTIA— 

4 ‘‘(i) the other publicly releasable infor5 mation required by subsection (a); 

6 ‘‘(ii) to the maximum extent prac7 ticable, a summary description of the infor8 mation with respect to which the determina9 tion was made; and 

10 ‘‘(iii) an annex containing the infor11 mation with respect to which the determina12 tion was made. 

13 ‘‘(2) CLASSIFIED INFORMATION.—If the head of a 

14 Federal agency determines that any information re15 quired by subsection (a) is classified in accordance 

16 with Executive Order 13526 of December 29, 2009, or 

17 any successor Executive Order establishing or modi18 fying the uniform system for classifying, safe19 guarding, and declassifying national security infor20 mation, the agency shall— 

21 ‘‘(A) notify the NTIA of its determination; 

22 and 

23 ‘‘(B) provide to the NTIA— 

24 ‘‘(i) the information required by sub25 section (a)(1) that is not classified; 

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1 ‘‘(ii) to the maximum extent prac2 ticable, a summary description of the infor3 mation that is classified; and 

4 ‘‘(iii) an annex containing the infor5 mation that is classified. 

6 ‘‘(3) ANNEX RESTRICTION.—The NTIA shall 

7 make an annex described in paragraph (1)(B)(iii) or 

8 (2)(B)(iii) available to the Commission. Neither the 

9 NTIA nor the Commission may make any such annex 

10 available to the public pursuant to subsection (a)(2) 

11 or to any unauthorized person through any other 

12 means. 

13 ‘‘(c) PUBLIC SAFETY NONDISCLOSURE.— 

14 ‘‘(1) IN GENERAL.—If a licensee of non-Federal 

15 spectrum determines that public disclosure of certain 

16 information held by that licensee and required to be 

17 included in the report under subsection (a) would re18 veal information for which public disclosure would be 

19 detrimental to public safety, or that the licensee is 

20 otherwise prohibited by law from disclosing, the li21 censee may petition the Commission for a partial or 

22 total exemption from inclusion on the centralized por23 tal or website under subsection (a)(2) and in the re24 ports required under subsection (d). 

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1 ‘‘(2) BURDEN.—A licensee seeking an exemption 

2 under this subsection bears the burden of justifying 

3 the exemption and shall provide clear and convincing 

4 evidence to support the requested exemption. 

5 ‘‘(3) INFORMATION REQUIRED.—If the Commis6 sion grants an exemption under this subsection, the 

7 licensee shall provide to the Commission— 

8 ‘‘(A) the publicly releasable information re9 quired by subsection (a)(1) for the inventory; 

10 ‘‘(B) to the maximum extent practicable, a 

11 summary description, suitable for public release, 

12 of the information for which public disclosure 

13 would be detrimental to public safety or that the 

14 licensee is prohibited by law from disclosing; and 

15 ‘‘(C) an annex, under appropriate cover, 

16 containing the information that the Commission 

17 has determined should be withheld from public 

18 disclosure. 

19 ‘‘(d) INFORMING THE CONGRESS.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (3), the NTIA and the Commission shall sub22 mit each report required by subsection (a)(1) to the 

23 appropriate committees of Congress. 

24 ‘‘(2) NONDISCLOSURE OF ANNEXES.—Each such 

25 report shall be submitted in unclassified form, but 

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1 may include 1 or more annexes as provided for by 

2 subsections (b)(1)(B)(iii), (b)(2)(B)(iii), and 

3 (c)(3)(C). No Congressional committee may make any 

4 such annex available to the public or to any unau5 thorized person. 

6 ‘‘(3) CLASSIFIED ANNEXES.—If a report includes 

7 a classified annex as provided for by subsection 

8 (b)(2)(B)(iii), the NTIA and the Commission shall— 

9 ‘‘(A) submit the classified annex only to the 

10 appropriate committees of Congress with pri11 mary oversight jurisdiction for the user agencies 

12 or licensees concerned; and 

13 ‘‘(B) provide notice of the submission to the 

14 other appropriate committees of Congress. 

15 ‘‘(e) DEFINITIONS.—In this section: 

16 ‘‘(1) APPROPRIATE COMMITTEES OF CON17 GRESS.—The term ‘appropriate committees of Con18 gress’ means the Committee on Commerce, Science, 

19 and Transportation of the Senate, the Committee on 

20 Energy and Commerce of the House of Representa21 tives, and any other congressional committee with 

22 primary oversight jurisdiction for the user agencies or 

23 licensees concerned. 

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1 ‘‘(2) NTIA.—The term ‘NTIA’ means the Na2 tional Telecommunications and Information Admin3 istration.’’. 

4 (b) PROGRESS REPORT.—Within 180 days after the 

5 date of enactment of this title, the Commission and the 

6 NTIA shall provide an update as to the status of the inven7 tory and report required by section 342(a) of the Commu8 nications Act of 1934, as added by subsection (a), to the 

9 appropriate committees of Congress. 

10 SEC. 502. FEDERAL SPECTRUM PLANNING. 

11 (a) REVIEW OF EVALUATION PROCESS.—Not later 

12 than 6 months after the date of enactment of this title, the 

13 Comptroller General of the United States shall— 

14 (1) conduct a review of the processes that Federal 

15 entities utilize to evaluate their spectrum needs and 

16 manage their spectrum resources; 

17 (2) make recommendations on how to improve 

18 such processes; and 

19 (3) submit a written report to the appropriate 

20 committees of Congress on the review, analysis, and 

21 recommendations made pursuant to paragraphs (1) 

22 and (2). 

23 (b) REVISION OF EVALUATION PROCESS.— 

24 (1) IN GENERAL.—Not later than 1 year after 

25 the date of enactment of this title, each Federal entity 

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1 shall establish, update, or revise the process used by 

2 such entity to evaluate their proposed spectrum needs, 

3 taking into account any applicable recommendations 

4 made in the report required under subsection (a). 

5 (2) REQUIRED INCLUSIONS.— 

6 (A) ANALYSIS OF OPTIONS.—Each process 

7 described under paragraph (1), whether newly 

8 established or otherwise revised, shall include an 

9 analysis and assessment of— 

10 (i) the options available to a Federal 

11 entity to obtain associated communications 

12 services that are the most spectrum-efficient; 

13 and 

14 (ii) the effective alternatives available 

15 to such entity that will permit the entity to 

16 continue to satisfy the mission requirements 

17 of the entity. 

18 (B) ANALYSIS SUBMITTED TO NTIA.—The 

19 analysis and assessment carried out pursuant to 

20 subparagraph (A) shall be submitted by the Fed21 eral entity to the NTIA at the same time that the 

22 entity seeks certification or recertification, if ap23 plicable, of spectrum support from the NTIA 

24 pursuant to the requirements of the National 

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1 tration Organization Act and OMB Circular A– 

2 11. 

3 (c) SPECTRUM PLANS OF FEDERAL ENTITIES.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this title, and every 2 years 

6 thereafter, each Federal entity shall provide an entity7 specific strategic spectrum plan to the Assistant Sec8 retary and the Director of the Office of Management 

9 and Budget. 

10 (2) REQUIRED INCLUSIONS.—Each strategic 

11 spectrum plan submitted pursuant to paragraph (1) 

12 shall include— 

13 (A) the spectrum requirements of the entity; 

14 (B) the planned uses of new technologies or 

15 expanded services requiring spectrum over a pe16 riod of time agreed to by the entity; 

17 (C) suggested spectrum-efficient approaches 

18 to meeting the spectrum requirements identified 

19 under subparagraph (A); and 

20 (D) progress reports on what the entity is 

21 doing to improve its spectrum management. 

22 (d) NATIONAL SECURITY; CLASSIFIED INFORMA23 TION.— 

24 (1) IN GENERAL.—If the head of a Federal entity 

25 determines that disclosure of information required by 

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1 subsection (c) would be harmful to the national secu2 rity of the United States, the entity shall— 

3 (A) notify the NTIA of its determination; 

4 and 

5 (B) provide to the NTIA— 

6 (i) the other publicly releasable infor7 mation required by subsection (c); 

8 (ii) to the maximum extent prac9 ticable, a summary description of the infor10 mation with respect to which the determina11 tion was made; and 

12 (iii) an annex containing the informa13 tion with respect to which the determina14 tion was made. 

15 (2) CLASSIFIED INFORMATION.—If the head of a 

16 Federal entity determines that any information re17 quired by subsection (c) is classified in accordance 

18 with Executive Order 13526 of December 29, 2009, or 

19 any successor Executive Order establishing or modi20 fying the uniform system for classifying, safe21 guarding, and declassifying national security infor22 mation, the entity shall— 

23 (A) notify the NTIA of its determination; 

24 and 

25 (B) provide to the NTIA— 

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1 (i) the information required by sub2 section (c) that is not classified; 

3 (ii) to the maximum extent prac4 ticable, a summary description of the infor5 mation that is classified; and 

6 (iii) an annex containing the informa7 tion that is classified. 

8 (3) ANNEX RESTRICTION.—The NTIA shall make 

9 an annex described in paragraph (1)(B)(iii) or 

10 (2)(B)(iii) available to the Secretary of Commerce 

11 and the Director of the Office of Management and 

12 Budget. Neither the NTIA, the Secretary of Com13 merce, nor the Director of the Office of Management 

14 and Budget may make any such annex available to 

15 the public or to any unauthorized person through any 

16 other means. 

17 (e) FEDERAL STRATEGIC SPECTRUM PLAN.— 

18 (1) DEVELOPMENT AND SUBMISSION.— 

19 (A) IN GENERAL.—Not later than 6 months 

20 after the receipt of the initial entity-specific stra21 tegic spectrum plans required under subsection 

22 (c), the Secretary of Commerce shall develop a 

23 Federal Strategic Spectrum Plan, in coordina24 tion with the Assistant Secretary and the Direc25 tor of the Office of Management and Budget. 

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1 (B) SUBMISSION TO CONGRESS.—Consistent 

2 with the requirements set forth in subsection 

3 (d)(3), the Secretary of Commerce shall submit 

4 the Federal Strategic Spectrum Plan developed 

5 under subparagraph (A) to the appropriate com6 mittees of Congress. 

7 (C) NONDISCLOSURE OF ANNEXES.—The 

8 Federal Strategic Spectrum Plan required to be 

9 submitted under subparagraph (B) shall be sub10 mitted in unclassified form, but shall include, if 

11 appropriate, 1 or more annexes as provided for 

12 by subsections (d)(1)(B)(iii) and (d)(2)(B)(iii). 

13 No Congressional committee may make any such 

14 annex available to the public or to any unau15 thorized person. 

16 (D) CLASSIFIED ANNEXES.—If the Federal 

17 Strategic Spectrum Plan includes a classified 

18 annex as provided for by subsection 

19 (d)(2)(B)(iii), the Secretary of Commerce shall— 

20 (i) submit the classified annex only to 

21 the appropriate committees of Congress with 

22 primary oversight jurisdiction for the user 

23 entities or licensees concerned; and 

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1 (ii) provide notice of the submission to 

2 the other appropriate committees of Con3 gress. 

4 (E) DEFINITION.—In this subsection, the 

5 term ‘‘appropriate committees of Congress’’ 

6 means the Committee on Commerce, Science, and 

7 Transportation of the Senate, the Committee on 

8 Energy and Commerce of the House of Rep9 resentatives, and any other congressional com10 mittee with primary oversight jurisdiction for 

11 the user entity or licensees concerned. 

12 (2) INCORPORATION OF ENTITY PLANS.—The 

13 Federal Strategic Spectrum Plan developed under 

14 paragraph (1) shall incorporate, consistent with the 

15 requirements of subsection (d), the initial entity-spe16 cific strategic spectrum plans submitted under sub17 section (c). 

18 (3) REQUIRED INCLUSIONS.—The Federal Stra19 tegic Spectrum Plan developed under paragraph (1) 

20 shall include— 

21 (A) information on how spectrum assigned 

22 and used by Federal entities is being used; 

23 (B) opportunities to increase efficient use of 

24 infrastructure and spectrum assigned and used 

25 by Federal entities; 

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1 (C) an assessment of the future spectrum 

2 needs of the Federal Government; and 

3 (D) plans to incorporate such needs in the 

4 NTIA’s frequency assignment, equipment certifi5 cation, and review processes. 

6 (4) UPDATES.—The Secretary of Commerce shall 

7 revise and update the Federal Strategic Spectrum 

8 Plan developed under paragraph (1) accordingly pur9 suant to the biennial submission of the entity-specific 

10 strategic spectrum plans submitted under subsection 

11 (c). 

12 (f) NATIONAL STRATEGIC SPECTRUM PLAN.— 

13 (1) IN GENERAL.—Not later than 2 years after 

14 the date of enactment of this title, the NTIA and the 

15 Commission, in consultation with other Federal, 

16 State, local, and tribal governments and commercial 

17 spectrum interests, shall develop a quadrennial Na18 tional Strategic Spectrum Plan. 

19 (2) REQUIRED INCLUSION.—The National Stra20 tegic Spectrum Plan shall include the following: 

21 (A) The Federal Strategic Spectrum Plan 

22 developed under subsection (e). 

23 (B) Long-range spectrum planning of both 

24 commercial, State and local government, and 

25 Federal Government users. 

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1 (C) New technologies or expanded services 

2 requiring spectrum. 

3 (D) The nature and characteristics of the 

4 new radio communication systems required and 

5 the nature and characteristics of the spectrum re6 quired. 

7 (E) Efficient approaches to meeting the fu8 ture spectrum requirements of all users, includ9 ing— 

10 (i) requiring certain standards-based 

11 technologies that improve spectrum effi12 ciencies; 

13 (ii) spectrum sharing and reuse oppor14 tunities; 

15 (iii) possible reallocation; and 

16 (iv) any other approaches that promote 

17 efficient use of spectrum. 

18 (F) An evaluation of current auction proc19 esses to determine the effectiveness of such proc20 esses in— 

21 (i) promoting competition; 

22 (ii) improving spectrum use efficiency; 

23 and 

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1 (iii) maximizing the full economic 

2 value to customers, industry, and the tax3 payer of the spectrum. 

4 Subtitle B—Markets 

5 SEC. 511. PROMOTING SECONDARY SPECTRUM MARKETS. 

6 (a) IN GENERAL.—Not later than 18 months after the 

7 date of enactment of this title, the Commission shall conduct 

8 a rulemaking proceeding to determine how to further pro9 mote a more robust secondary spectrum market. 

10 (b) CONSIDERATION.—In carrying out the rulemaking 

11 required under subsection (a), the Commission shall con12 sider the feasability and value of establishing a national 

13 database to collect and disseminate information on sec14 ondary spectrum market opportunities. 

15 SEC. 512. UNLICENSED USE IN 5 GHZ. 

16 (a) MODIFICATION OF REGULATIONS.— 

17 (1) IN GENERAL.—Not later than 1 year after 

18 the date of enactment of this title, the Commission 

19 shall modify part 15 of title 47, Code of Federal Reg20 ulations, to allow unlicensed devices intended and 

21 marketed for indoor use to operate in the 5350–5470 

22 MHz band. 

23 (2) CONCERNS AND CONSIDERATIONS.—In car24 rying out the modification requirement set forth 

25 under paragraph (1), the Commission shall allow the 

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1 unlicensed devices described in paragraph (1) to oper2 ate in the 5350–5470 MHz band, on an indoor basis 

3 only, if it— 

4 (A) finds that technical solutions will pro5 tect licensed users, including use of existing, 

6 modified, or new spectrum sharing technologies 

7 and solutions, such as dynamic frequency selec8 tion; and 

9 (B) determines that the primary mission of 

10 Federal spectrum users in the 5350–5470 MHz 

11 band will not be compromised by the introduc12 tion of unlicensed devices in the 5350–5470 MHz 

13 band. 

14 (b) NTIA STUDY.— 

15 (1) IN GENERAL.—Not later than 8 months after 

16 the date of enactment of this title, and in consultation 

17 with the Commission, the NTIA shall conduct and 

18 submit a study as provided in paragraph (2) evalu19 ating known and proposed sharing technologies and 

20 the risk to Federal users if unlicensed U–NII devices 

21 were allowed to operate indoors in the 5350–5470 

22 MHz band. 

23 (2) SUBMITTING STUDY.—The study required by 

24 paragraph (1) shall be submitted to the appropriate 

25 committees of Congress and the Commission. 

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1 SEC. 513. EXPERIMENTAL LICENSES. 

2 Not later than 9 months after the date of enactment 

3 of this title, the Commission shall revise part 5 of chapter 

4 I of title 47, Code of Federal Regulations, to— 

5 (1) streamline such regulations to promote great6 er experimentation; 

7 (2) broaden opportunities for market trials; 

8 (3) promote advancements in health care; 

9 (4) establish innovation zones; and 

10 (5) establish a process by which qualified enti11 ties, including colleges, universities, public and pri12 vate companies, and non-profit research organiza13 tions, will be permitted to use a broad range of radio 

14 frequencies for research and experimentation on a 

15 non-interference basis without having to obtain prior 

16 authorization from the Commission for the use of spe17 cific frequencies. 

18 SEC. 514. REPURPOSING FEDERAL SPECTRUM FOR COM19 MERCIAL PURPOSES AND FEDERAL SPEC20 TRUM SHARING. 

21 (a) ELIGIBLE FEDERAL ENTITIES.—Section 113(g)(1) 

22 of the National Telecommunications and Information Ad23 ministration Organization Act (47 U.S.C. 923(g)(1)) is 

24 amended to read as follows: 

25 ‘‘(1) ELIGIBLE FEDERAL ENTITIES.—Any Fed26 eral entity that operates a Federal Government stamstockstill on DSK4VPTVN1PROD with BILLS

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1 tion authorized to use a band of frequencies specified 

2 in paragraph (2) and that incurs relocation costs be3 cause of planning for a potential auction of spectrum 

4 frequencies, a planned auction of spectrum fre5 quencies, or the reallocation of spectrum frequencies 

6 from Federal use to exclusive non-Federal use, or 

7 shared Federal and non-Federal use shall receive pay8 ment for such costs from the Spectrum Relocation 

9 Fund, in accordance with section 118 of this Act. For 

10 purposes of this paragraph, Federal power agencies 

11 exempted under subsection (c)(4) that choose to relo12 cate from the frequencies identified for reallocation 

13 pursuant to subsection (a), are eligible to receive pay14 ment under this paragraph.’’. 

15 (b) ELIGIBLE FREQUENCIES.—Section 113(g)(2)(B) of 

16 the National Telecommunications and Information Admin17 istration Organization Act (47 U.S.C. 923(g)(2)(B)) is 

18 amended to read as follows: 

19 ‘‘(B) any other band of frequencies reallo20 cated from Federal use to non-Federal or shared 

21 use, whether for licensed or unlicensed use, after 

22 January 1, 2003, that is assigned— 

23 ‘‘(i) by competitive bidding pursuant 

24 to section 309(j) of the Communications Act 

25 of 1934 (47 U.S.C. 309(j)); or 

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1 ‘‘(ii) as a result of an Act of Congress 

2 or any other administrative or executive di3 rection.’’. 

4 (c) DEFINITION OF RELOCATION AND SHARING

5 COSTS.—Section 113(g)(3) of the National Telecommuni6 cations and Information Administration Organization Act 

7 (47 U.S.C. 923(g)(3)) is amended to read as follows: 

8 ‘‘(3) DEFINITION OF RELOCATION AND SHARING

9 COSTS.—For purposes of this subsection, the terms 

10 ‘relocation costs’ and ‘sharing costs’ mean the costs 

11 incurred by a Federal entity to plan for a potential 

12 or planned auction or sharing of spectrum frequencies 

13 and to achieve comparable capability of systems, re14 gardless of whether that capability is achieved by re15 locating to a new frequency assignment, relocating a 

16 Federal Government station to a different geographic 

17 location, modifying Federal Government equipment to 

18 mitigate interference or use less spectrum, in terms of 

19 bandwidth, geography, or time, and thereby permit20 ting spectrum sharing (including sharing among relo21 cated Federal entities and incumbents to make spec22 trum available for non-Federal use) or relocation, or 

23 by utilizing an alternative technology. Comparable 

24 capability of systems includes the acquisition of state25 of-the art replacement systems intended to meet commstockstill on DSK4VPTVN1PROD with BILLS

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1 parable operational scope, which may include inci2 dental increases in functionality, including those nec3 essary to achieve security, reliability, and resiliency. 

4 Such costs include— 

5 ‘‘(A) the costs of any modification or re6 placement of equipment, spares, associated ancil7 lary equipment, software, facilities, operating 

8 manuals, training costs, or regulations that are 

9 attributable to relocation or sharing; 

10 ‘‘(B) the costs of all engineering, equipment, 

11 software, site acquisition, and construction costs, 

12 as well as any legitimate and prudent trans13 action expense, including term-limited Federal 

14 civil servant and contractor staff necessary to 

15 carry out the relocation activities of an eligible 

16 Federal entity, and reasonable additional costs 

17 incurred by the Federal entity that are attrib18 utable to relocation or sharing, including in19 creased recurring costs associated with the re20 placement of facilities; 

21 ‘‘(C) the costs of research, engineering stud22 ies, economic analyses, or other expenses reason23 ably incurred in connection with— 

24 ‘‘(i) calculating the estimated reloca25 tion costs that are provided to the Commismstockstill on DSK4VPTVN1PROD with BILLS

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1 sion pursuant to paragraph (4) of this sub2 section, or in calculating the estimated 

3 sharing costs; 

4 ‘‘(ii) determining the technical or oper5 ational feasibility of relocation to 1 or more 

6 potential relocation bands; or 

7 ‘‘(iii) planning for or managing a re8 location or sharing project (including spec9 trum coordination with auction winners) or 

10 potential relocation or sharing project; 

11 ‘‘(D) the one-time costs of any modification 

12 of equipment reasonably necessary to accommo13 date commercial use of shared frequencies or, in 

14 the case of frequencies reallocated to exclusive 

15 commercial use, prior to the termination of the 

16 Federal entity’s primary allocation or protected 

17 status, when the eligible frequencies as defined in 

18 paragraph (2) of this subsection are made avail19 able for private sector uses by competitive bid20 ding and a Federal entity retains primary allo21 cation or protected status in those frequencies for 

22 a period of time after the completion of the com23 petitive bidding process; 

24 ‘‘(E) the costs associated with the acceler25 ated replacement of systems and equipment if 

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1 such acceleration is necessary to ensure the time2 ly relocation of systems to a new frequency as3 signment or the timely accommodation of shar4 ing of Federal frequencies; and 

5 ‘‘(F) the costs of the use of commercial sys6 tems (including systems not utilizing spectrum) 

7 to replace Federal systems discontinued or relo8 cated pursuant to this Act, including lease (in9 cluding lease of land), subscription, and equip10 ment costs over an appropriate period, such as 

11 the anticipated life of an equivalent Federal sys12 tem or other period determined by the Director 

13 of the Office of Management and Budget.’’. 

14 (d) SPECTRUM SHARING.—Section 113(g) of the Na15 tional Telecommunications and Information Administra16 tion Organization Act (47 U.S.C. 923(g)) is amended by 

17 adding at the end the following: 

18 ‘‘(7) SPECTRUM SHARING.—A Federal entity is 

19 permitted to allow access to its frequency assignments 

20 by a non-Federal entity upon approval of NTIA, in 

21 consultation with the Director of the Office of Man22 agement and Budget. Such non-Federal entities shall 

23 comply with all applicable rules of the Commission 

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1 sociated with such access shall be deposited into the 

2 Spectrum Relocation Fund established under section 

3 118. A Federal entity that incurs costs as a result of 

4 such access is eligible for payment from the Fund for 

5 the purposes specified in paragraph (3) of this sec6 tion. The revenue associated with such access shall be 

7 at least 110 percent of the estimated Federal costs.’’. 

8 (e) SPECTRUM RELOCATION FUND.—Section 118 of 

9 the National Telecommunications and Information Admin10 istration Organization Act (47 U.S.C. 928) is amended— 

11 (1) in subsection (b), by inserting before the pe12 riod at the end the following: ‘‘and any payments 

13 made by non-Federal entities for access to Federal 

14 spectrum pursuant to section 113(g)(7) (47 U.S.C. 

15 113(g)(7))’’; 

16 (2) by amending subsection (c) to read as fol17 lows: 

18 ‘‘(c) USE OF FUNDS.— 

19 ‘‘(1) FUNDS FROM AUCTIONS.—The amounts in 

20 the Fund from auctions of eligible frequencies are au21 thorized to be used to pay relocation costs, as such 

22 costs are defined in section 113(g)(3), of an eligible 

23 Federal entity incurring such costs with respect to re24 location from any eligible frequency. 

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1 ‘‘(2) FUNDS FROM PAYMENTS BY NON-FEDERAL

2 ENTITIES.—The amounts in the Fund from payments 

3 by non-Federal entities for access to Federal spectrum 

4 are authorized to be used to pay the sharing costs, as 

5 such costs are defined in section 113(g)(3), of an eligi6 ble Federal entity incurring such costs. 

7 ‘‘(3) TRANSFER OF FUNDS.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), the Director of OMB may transfer at 

10 any time (including prior to any auction or con11 templated auction, or sharing initiative) such 

12 sums as may be available in the Fund to an eli13 gible Federal entity to pay eligible relocation or 

14 sharing costs related to pre-auction estimates or 

15 research, as such costs are described in section 

16 113(g)(3)(C). 

17 ‘‘(B) NOTIFICATION.—No funds may be 

18 transferred pursuant to subparagraph (A) unless 

19 the notification provided under subsection 

20 (d)(2)(B) of this section includes a certification 

21 from the Director of OMB that— 

22 ‘‘(i) funds transferred before an auc23 tion will likely allow for a timely reloca24 tion, thereby increasing net expected auc25 tion proceeds by an amount equal to or 

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1 greater than the time value of the amount 

2 of funds transferred; and 

3 ‘‘(ii) the auction is intended to occur 

4 within 5 years of transfer of funds. 

5 ‘‘(C) APPLICABILITY.— 

6 ‘‘(i) PRIOR COSTS INCURRED.—The 

7 Director of OMB may transfer up to 

8 $10,000,000 to eligible Federal entities for 

9 eligible relocation or sharing costs related to 

10 pre-auction estimates or research, as such 

11 costs are described in section 113(g)(3)(C), 

12 for costs incurred prior to the date of the 

13 enactment of the Public Safety Spectrum 

14 and Wireless Innovation Act, but after June 

15 28th, 2010. 

16 ‘‘(ii) SUPPLEMENT NOT SUPPLANT.— 

17 Any amounts transferred by the Director of 

18 OMB pursuant to clause (i) shall be in ad19 dition to any amounts that the Director of 

20 OMB may transfer after the date of the en21 actment of the Public Safety Spectrum and 

22 Wireless Innovation Act.’’; 

23 (3) in subsection (d)— 

24 (A) in paragraph (1), by inserting ‘‘and 

25 sharing’’ before ‘‘costs’’; 

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1 (B) in paragraph (2)(B)— 

2 (i) by inserting ‘‘and sharing’’ before 

3 ‘‘costs’’; and 

4 (ii) by inserting ‘‘and sharing’’ before 

5 the period at the end; and 

6 (C) by amending paragraph (3) to read as 

7 follows: 

8 ‘‘(3) REVERSION OF UNUSED FUNDS.— 

9 ‘‘(A) IN GENERAL.—Any amounts in the 

10 Fund that are remaining after the payment of 

11 the relocation and sharing costs that are payable 

12 from the Fund shall revert to and be deposited 

13 in the General Fund of the Treasury not later 

14 than 8 years after the date of the deposit of such 

15 proceeds to the Fund, unless within 60 days in 

16 advance of the reversion of such funds, the Direc17 tor of OMB, in consultation with the Assistant 

18 Secretary for Communications and Information, 

19 notifies the appropriate committees of Congress 

20 that such funds are needed to complete or to im21 plement current or future relocations or sharing 

22 initiatives. 

23 ‘‘(B) DEFINITION.—In this paragraph, the 

24 term ‘appropriate committees of Congress’ means 

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1 ‘‘(i) the Committee on Appropriations 

2 of the Senate; 

3 ‘‘(ii) the Committee on Commerce, 

4 Science, and Transportation of the Senate; 

5 ‘‘(iii) the Committee on Appropria6 tions of the House of Representatives; and 

7 ‘‘(iv) the Committee on Energy and 

8 Commerce of the House of Representatives.’’; 

9 (4) in subsection (e)(2)— 

10 (A) by inserting ‘‘and sharing’’ before 

11 ‘‘costs’’; 

12 (B) by inserting ‘‘or sharing’’ before ‘‘is 

13 complete’’; and 

14 (C) by inserting ‘‘or sharing’’ before ‘‘in ac15 cordance’’; and 

16 (5) by adding at the end the following: 

17 ‘‘(f) ADDITIONAL PAYMENTS FROM THE FUND.—Not18 withstanding subsections (c) through (e), after the date of 

19 the enactment of the Public Safety Spectrum and Wireless 

20 Innovation Act, and following the credit of any amounts 

21 specified in subsection (b), there are hereby appropriated 

22 from the Fund and available to the Director of the OMB 

23 up to 10 percent of the amounts deposited in the Fund from 

24 the auction of licenses for frequencies of spectrum vacated 

25 by Federal entities, or up to 10 percent of the amounts demstockstill on DSK4VPTVN1PROD with BILLS

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1 posited in the Fund by non-Federal entities for sharing of 

2 Federal spectrum. The Director of OMB, in consultation 

3 with the Assistant Secretary for Communications and In4 formation, may use such amounts to pay eligible Federal 

5 entities for the purpose of encouraging timely access to such 

6 spectrum, provided that— 

7 ‘‘(1) any such payment by the Director of OMB 

8 is based on the market value of the spectrum, the 

9 timeliness with which the licensee cleared its use of 

10 such spectrum, and the need for such spectrum in 

11 order for the Federal entity to conduct its essential 

12 missions; 

13 ‘‘(2) any such payment by the Director of OMB 

14 is used to carry out the purposes specified in subpara15 graphs (A) through (F) of paragraph (3) of subsection 

16 113(g) to achieve enhanced capability for those sys17 tems affected by reallocation of Federal spectrum to 

18 commercial use, or by sharing of Federal frequencies 

19 with non-Federal entities; 

20 ‘‘(3) the amount remaining in the Fund after 

21 any such payment by the Director is not less than 10 

22 percent of the winning bids in the relevant auction, 

23 or is not less than 10 percent of the payments from 

24 non-Federal entities in the relevant sharing agree25 ment; and 

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1 ‘‘(4) any such payment by the Director shall not 

2 be made until 30 days after the Director has notified 

3 the Committees on Appropriations and Commerce, 

4 Science, and Transportation of the Senate, and the 

5 Committees on Appropriations and Energy and Com6 merce of the House of Representatives.’’. 

7 (f) COMPETITIVE BIDDING; TREATMENT OF REVE8 NUES.—Subparagraph (D) of section 309(j)(8) of the Com9 munications Act of 1934 (47 U.S.C. 309(j)(8)) is amended 

10 by inserting ‘‘excluding frequencies identified by the Fed11 eral Communications Commission to be auctioned in con12 junction with eligible frequencies described in section 

13 113(g)(2)’’ before ‘‘shall be deposited’’. 

14 (g) PUBLIC DISCLOSURE AND NONDISCLOSURE.—If 

15 the head of an executive agency of the Federal Government 

16 determines that public disclosure of any information con17 tained in notifications and reports required by sections 113 

18 or 118 of the National Telecommunications and Informa19 tion Administration Organization Act (47 U.S.C. 923 and 

20 928) would reveal classified national security information 

21 or other information for which there is a legal basis for 

22 nondisclosure and such public disclosure would be detri23 mental to national security, homeland security, public safe24 ty, or jeopardize law enforcement investigations, the head 

25 of the executive agency shall notify the NTIA of that determstockstill on DSK4VPTVN1PROD with BILLS

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1 mination prior to release of such information. In that event, 

2 such classified information shall be included in a separate 

3 annex, as needed. These annexes shall be provided to the 

4 appropriate subcommittee in accordance with appropriate 

5 national security stipulations, but shall not be disclosed to 

6 the public or provided to any unauthorized person through 

7 any other means. 

8 SEC. 515. REPORT ON SPECTRUM SHARING. 

9 (a) IDENTIFICATION OF SPECTRUM; REPORT TO CON10 GRESS.—Not later than 1 year after the date of enactment 

11 of this Act, the NTIA shall conduct a study and submit 

12 a report to the appropriate committees of Congress— 

13 (1) that identifies spectrum between 225 MHz 

14 and 3700 MHz operated or licensed by a Federal enti15 ty that the NTIA, in consultation with the Commis16 sion, determines appropriate for sharing with non17 government entities or non-Federal government enti18 ties, including, after taking into account any spec19 trum identified by the NTIA in its October 2010 re20 port entitled ‘‘An Assessment of the Near-Term Via21 bility of Accommodating Wireless Broadband Systems 

22 in the 1675-1710 MHz, 1755-1780 MHz, 3500-3650 

23 MHz, and 4200-4220 MHz, 4380-4400 MHz Bands’’, 

24 the additional 100 MHz most likely to be appropriate 

25 for wireless broadband operations; and 

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1 (2) on how Federal entities can utilize dynamic 

2 spectrum sharing technologies to allow non-govern3 ment entities or non-Federal government entities to 

4 share underutilized spectrum without interference to 

5 the primary usage by the Federal Government of that 

6 spectrum, including through use of cognitive radio 

7 and sensing technologies and database and 

8 geolocation approaches. 

9 (b) CONSIDERATIONS.—In carrying out the study and 

10 report required under subsection (a), the NTIA should con11 sider— 

12 (1) radio systems that are utilized in fixed or 

13 predictable geographic locations; 

14 (2) radio systems that are only utilized intermit15 tently at fixed or predictable times; 

16 (3) spectrum allocations in which radio systems 

17 are currently not deployed; and 

18 (4) spectrum that is harmonized regionally or 

19 globally. 

20 (c) PUBLIC CONSULTATION AND RULE CHANGES.— 

21 (1) IN GENERAL.—Not later than 6 months after 

22 the report required under subsection (a) is submitted, 

23 the NTIA shall conduct a public consultation and, 

24 with the Interdepartment Radio Advisory Committee, 

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1 develop rules for Federal users to increase spectrum 

2 sharing by Federal entities. 

3 (2) CONSIDERATIONS.—In carrying out the rule4 making required under paragraph (1), the NTIA shall 

5 consider— 

6 (A) the findings of the report required 

7 under subsection (a); and 

8 (B) the recommendations in the Final Re9 port, dated November 8, 2010, issued by the In10 terference and Dynamic Spectrum Access Sub11 committee of the Commerce Spectrum Manage12 ment Advisory Committee. 

13 Subtitle C—Efficiency and 

14 Management 

15 SEC. 521. FUNCTIONAL RESPONSIBILITY OF THE NTIA TO 

16 ENSURE EFFICIENT USE OF SPECTRUM. 

17 Section 103(b)(2) of the National Telecommunications 

18 and Information Administration Organization Act (47 

19 U.S.C. 902(b)(2)) is amended— 

20 (1) by redesignating subparagraphs (B) through 

21 (T) as subparagraphs (C) through (U), respectively; 

22 and 

23 (2) by inserting after subparagraph (A) the fol24 lowing: 

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1 ‘‘(B) The responsibility to promote the best 

2 possible and most efficient use of electromagnetic 

3 spectrum resources across the Federal Govern4 ment, subject to and consistent with the needs 

5 and missions of Federal agencies.’’. 

6 SEC. 522. SPECTRUM EFFICIENCY ANALYTIC TOOLS. 

7 (a) IN GENERAL.—Not later than 18 months after the 

8 date of enactment of this title, the NTIA, in consultation 

9 with NIST and the Commission, as appropriate, shall de10 velop analytic tools or metrics for the NTIA and Federal 

11 entities to measure the spectrum efficiency of Federal spec12 trum systems used by such entities. 

13 (b) REQUIRED CONSIDERATION.—In developing the 

14 tools or metrics to measure spectrum efficiency pursuant 

15 to subsection (a)(1), the NTIA shall consider the conclusions 

16 reached in the report entitled ‘‘Definitions of Efficiency in 

17 Spectrum Use’’, authored by the Commerce Spectrum Man18 agement Advisory Committee and dated October 1, 2008. 

19 SEC. 523. STUDY ON RECEIVER PERFORMANCE AND SPEC20 TRUM EFFICIENCY. 

21 (a) IN GENERAL.—The Comptroller General of the 

22 United States shall conduct a study to consider efforts to 

23 ensure that each transmission system that employs radio 

24 spectrum is designed and operated so that reasonable use 

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1 of adjacent spectrum does not excessively impair the func2 tioning of such system. 

3 (b) REQUIRED CONSIDERATIONS.—At a minimum, the 

4 study required under subsection (a) shall consider— 

5 (1) the value of— 

6 (A) improving receiver performance as it 

7 relates to increasing spectral efficiency; 

8 (B) improving operation of services in adja9 cent frequencies; and 

10 (C) narrowing the guard bands between ad11 jacent spectrum use. 

12 (2) the role of manufacturers, commercial licens13 ees, and government users with respect to their trans14 mission systems and use of adjacent spectrum de15 scribed in subsection (a); 

16 (3) the feasibility of industry self-compliance 

17 with respect to the design and operational require18 ments of transmission systems and the reasonable use 

19 of adjacent spectrum described in subsection (a); and 

20 (4) the value of Commission and NTIA action to 

21 establish, by rule, technical requirements or standards 

22 for non-Federal or Federal use, respectively, with re23 spect to the reasonable use of adjacent spectrum de24 scribed in subsection (a). 

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1 (c) DEFINITION.—For purposes of this section, the 

2 term ‘‘transmission system’’ means any telecommuni3 cations, broadcast, satellite, commercial mobile service, or 

4 other communications system that employs radio spectrum. 

5 (d) REPORT.—Not later than 1 year after the date of 

6 enactment of this Act, the Comptroller General of the United 

7 States shall submit a report to the appropriate committees 

8 of Congress on the results of the study required under sub9 section (a). 

10 SEC. 524. FREQUENCY ASSIGNMENT. 

11 (a) EXAMINATION.—Not later than 6 months after the 

12 date of enactment of this title, the NTIA, in consultation 

13 with the Interdepartment Radio Advisory Committee, 

14 shall— 

15 (1) examine its frequency assignment processes, 

16 including the 5-year frequency assignment review 

17 program, and 

18 (2) consider best practices to determine if the 

19 current approach for collecting and validating data 

20 from Federal entities can be streamlined or improved 

21 to help ensure that such entities are managing cur22 rent and future spectrum assignments efficiently. 

23 (b) REQUIRED CONSIDERATIONS.—In carrying out the 

24 requirements of subsection (a), the NTIA shall consider— 

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1 (1) providing Federal entities with specific guid2 ance or requirements on how to justify to the NTIA 

3 that requested spectrum frequency assignments would 

4 fulfill an established mission need and that other 

5 means of communication are not appropriate or 

6 available; 

7 (2) requiring Federal entities to submit docu8 mentation, as part of the spectrum frequency assign9 ment process; 

10 (3) verifying that such entity has completed an 

11 analysis to support the use and need of the requested 

12 assignment; and 

13 (4) requiring managers of spectrum resources at 

14 each Federal entity to validate, verify, or attest to the 

15 accuracy of spectrum information submitted by their 

16 entity to the NTIA. 

17 SEC. 525. SPECTRUM OPPORTUNITY COST TRANSPARENCY. 

18 (a) ANALYSIS OF ECONOMIC OPPORTUNITY COST.— 

19 (1) DEVELOPMENT OF FRAMEWORK.— 

20 (A) IN GENERAL.—Not later than 1 year 

21 after the date of enactment of this title, the 

22 NTIA, in consultation with the Commission and 

23 the Director of the Office of Management and 

24 Budget, shall develop a framework for deter25 mining the annual economic opportunity cost of 

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1 each specific Federal spectrum band assigned or 

2 otherwise allocated for use by Federal entities. 

3 (B) CONSIDERATIONS.—In developing the 

4 framework required under subparagraph (A), the 

5 NTIA shall take into account the spectrum pric6 ing methodologies adopted by other countries 

7 which utilize administered incentive pricing of 

8 spectrum for government users. 

9 (2) SCOPE.—The framework developed under 

10 paragraph (1) shall cover all Federally allocated spec11 trum bands between 150 MHz and 6000 MHz, inclu12 sive. 

13 (3) GOALS.—The goal of the framework devel14 oped under paragraph (1) is— 

15 (A) to provide Federal entities with a sus16 tained long-term signal of spectrum value to in17 form the spectrum management decisions of such 

18 entities; and 

19 (B) to provide the public with increased 

20 transparency about how Federal entities use a 

21 scare physical resource. 

22 (4) REQUIREMENTS.—The framework developed 

23 under paragraph (1) shall— 

24 (A) define the term ‘‘opportunity cost’’ as 

25 the value of the spectrum, in dollar terms, as if 

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1 such spectrum were to be reallocated to the high2 est commercial alternative use that currently 

3 does not have access to that spectrum; 

4 (B) be updated, on an annual basis, to take 

5 into account observed market valuations from 

6 spectrum auctions, secondary spectrum trading, 

7 and other market indicators of spectrum value; 

8 (C) determine the opportunity costs borne 

9 by each Federal entity for each spectrum band 

10 that is entirely under the control of a single 

11 agency; and 

12 (D) determine the opportunity costs for 

13 spectrum assigned or otherwise allocated to Fed14 eral entities for both primary use and secondary 

15 use. 

16 (b) REPORT ON OPPORTUNITY COSTS.—Each Federal 

17 entity that has been assigned or otherwise allocated use of 

18 a Federal spectrum band shall report, as an off-budget item, 

19 the opportunity cost borne by the entity for each spectrum 

20 band the entity uses— 

21 (1) in the budget of the entity to be included in 

22 the budget of the United States Government submitted 

23 by the President under section 1105 of title 31, 

24 United States Code; and 

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1 (2) in the annual financial statement of the enti2 ty required to be filed under section 3515 of title 31, 

3 United States Code. 

4 (c) SPECTRUM VALUE ANALYSIS.—Not later than 5 

5 years after the date of the enactment of this title, and every 

6 5 years thereafter, each Federal entity that has been as7 signed or otherwise allocated use of a Federal spectrum 

8 band, or otherwise utilizes such spectrum, shall engage in 

9 an analysis comparing the opportunity cost of that spec10 trum, as such cost is determined by the framework developed 

11 by the NTIA under subsection (a), to the projected costs of 

12 the entity relocating to other government spectrum holdings, 

13 co-locating with other government agencies, leasing other 

14 non-Federal spectrum, or contracting out for its spectrum 

15 activities. 

16 (d) SPECTRUM TECHNOLOGY STUDY.— 

17 (1) IN GENERAL.—Not later than 18 months 

18 after the date of the enactment of this title, and every 

19 5 years thereafter, the Comptroller General of the 

20 United States, in consultation with NTIA, shall ex21 amine the technologies and equipment used by Fed22 eral entities operating on Federal spectrum alloca23 tions and determine if such technologies and equip24 ment are the most spectrum efficient available. 

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1 (2) CERTAIN DETERMINATIONS MADE.—If the re2 sults of any study required under paragraph (1) de3 termines that the technologies and equipment of Fed4 eral entities operating on Federal spectrum alloca5 tions are not the most spectrum efficient available, the 

6 Comptroller General shall determine— 

7 (A) what the costs would be to upgrade such 

8 systems to more up-to-date and readily available 

9 systems; 

10 (B) what benefits would be gained from up11 grading, particularly any cost savings or in12 creases in spectrum utilization efficiency; and 

13 (C) if there are any possible problems with 

14 upgrading to more up-to-date systems. 

15 SEC. 526. SYSTEM CERTIFICATION. 

16 Not later than 6 months after the date of enactment 

17 of this title, the Director of the Office of Management and 

18 Budget shall update and revise section 33.4 of OMB Cir19 cular A–11 to reflect the recommendations regarding such 

20 Circular made in the Commerce Spectrum Management Ad21 visory Committee Incentive Subcommittee report, adopted 

22 January 11, 2011. 

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1 SEC. 527. REPORT TO CONGRESS ON IMPROVING SPEC2 TRUM MANAGEMENT. 

3 Not later than 3 months after the date of enactment 

4 of this title, the NTIA shall submit to the appropriate com5 mittees of Congress a report on the status of the NTIA’s 

6 plan to implement the recommendations contained in the 

7 ‘‘President’s Memorandum on Improving Spectrum Man8 agement for the 21st Century’’, 49 Weekly Comp. Pres. Doc. 

9 2875, Nov. 29, 2004. 

10 SEC. 528. WIRELESS FACILITIES DEPLOYMENT. 

11 (a) FACILITY MODIFICATIONS.— 

12 (1) IN GENERAL.—Notwithstanding section 704 

13 of the Telecommunications Act of 1996 or any other 

14 provision of law, a State or local government may not 

15 deny, and shall approve, any eligible facilities request 

16 for a modification of an existing wireless tower that 

17 does not substantially change the physical dimensions 

18 of such tower. 

19 (2) ELIGIBLE FACILITIES REQUEST.—For pur20 poses this subsection, the term ‘‘eligible facilities re21 quest’’ means any request for modification of an ex22 isting wireless tower that involves— 

23 (A) collocation of new transmission equip24 ment; 

25 (B) removal of transmission equipment; 

26 and 

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1 (C) replacement of transmission equipment. 

2 (b) FEDERAL EASEMENTS AND RIGHTS-OF-WAY.— 

3 (1) GRANT.—If an executive agency, a State, a 

4 political subdivision or agency of a State, or a per5 son, firm, or organization applies for the grant of an 

6 easement or rights-of-way to, in, over, or on a build7 ing owned by the Federal Government for the right to 

8 install, construct, and maintain wireless service an9 tenna structures and equipment, and backhaul trans10 mission, the executive agency having control of the 

11 building may grant to the applicant, on behalf of the 

12 Federal Government, an easement or rights-of-way to 

13 perform such installation, construction, and mainte14 nance. 

15 (2) APPLICATION.—The Administrator of the 

16 General Services Administration shall develop a com17 mon form for rights-of-way applications required 

18 under paragraph (1) for all executive agencies that 

19 shall be used by applicants with respect to the build20 ings or property of each such agency. 

21 (3) FEE.— 

22 (A) IN GENERAL.—Notwithstanding any 

23 other provision of law, in making a grant of an 

24 easement or rights-of-way pursuant to para25 graph (1), the Administrator of the General 

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1 Services Administration shall establish a fee for 

2 the award of such grant that is based on direct 

3 cost recovery. 

4 (B) EXCEPTIONS.—The Administrator of 

5 the General Services Administration may estab6 lish exceptions to the fee amount required under 

7 subparagraph (A)— 

8 (i) in consideration of the public ben9 efit provided by a grant of an easement or 

10 rights-of-way; and 

11 (ii) in the interest of expanding wire12 less and broadband coverage. 

13 (4) USE OF FEES COLLECTED.—Any fee amounts 

14 collected by an executive agency pursuant to para15 graph (2) shall be made available, without further ap16 propriation, to such agency for purposes of the agen17 cy’s telecommunications and information technology 

18 needs and any excess funds shall then be deposited 

19 into the Federal Building Fund. 

20 (c) MASTER CONTRACTS FOR WIRELESS TOWER

21 SITINGS.— 

22 (1) IN GENERAL.—Notwithstanding section 704 

23 of the Telecommunications Act of 1996 or any other 

24 provision of law, and not later than 60 days after the 

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1 date of enactment of this Act, the Administrator of the 

2 General Services Administration shall— 

3 (A) develop 1 or more master contracts that 

4 shall govern the placement of wireless service an5 tenna structures on buildings and property 

6 owned by the Federal Government; and 

7 (B) in developing the master contract, with 

8 respect to the siting of wireless service antenna 

9 structures, standardize the treatment of the 

10 placement of wireless service antenna structures 

11 on rooftop or building facades, the placement of 

12 equipment on rooftops or inside buildings, and 

13 technology, and any other key issues that the Ad14 ministrator determines appropriate. 

15 (2) APPLICABILITY.—The master contract devel16 oped by the Administrator of the General Services Ad17 ministration under paragraph (1) shall apply to all 

18 publicly accessible property owned by the Federal 

19 Government, unless the Administrator decides that 

20 issues with respect to the siting of a wireless service 

21 antenna structure on a specific building or property 

22 warrant nonstandard treatment of a specific prop23 erty. 

24 (3) APPLICATION.—The Administrator of the 

25 General Services Administration shall develop a commstockstill on DSK4VPTVN1PROD with BILLS

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1 mon form or set of forms for wireless service antenna 

2 structure siting applications required under this sec3 tion for all executive agencies that shall be used by 

4 applicants with respect to the buildings of each such 

5 agency. 

6 TITLE VI—STUDIES ON NEXT 

7 GENERATION 9-1-1 SERVICES 

8 SEC. 601. DEFINITIONS. 

9 As used in this title, the following definitions shall 

10 apply: 

11 (1) 9–1–1 SERVICES.—The term ‘‘9–1–1 serv12 ices’’ includes both E9–1–1 services and Next Genera13 tion 9–1–1 services. 

14 (2) E9–1–1 SERVICES.—The term ‘‘E9–1–1 serv15 ices’’ means both phase I and phase II enhanced 9– 

16 1–1 services, as described in section 20.18 of the Com17 mission’s regulations (47 C.F.R. 20.18), as in effect 

18 on the date of enactment of this title, or as subse19 quently revised by the Commission. 

20 (3) NEXT GENERATION 9–1–1 SERVICES.—The 

21 term ‘‘Next Generation 9–1–1 services’’ means an IP22 based system comprised of hardware, software, data, 

23 and operational policies and procedures that— 

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1 (A) provides standardized interfaces from 

2 emergency call and message services to support 

3 emergency communications; 

4 (B) processes all types of emergency calls, 

5 including voice, data, and multimedia informa6 tion; 

7 (C) acquires and integrates additional 

8 emergency call data useful to call routing and 

9 handling; 

10 (D) delivers the emergency calls, messages, 

11 and data to the appropriate public safety an12 swering point and other appropriate emergency 

13 entities; 

14 (E) supports data or video communications 

15 needs for coordinated incident response and 

16 management; or 

17 (F) provides broadband service to public 

18 safety answering points or other first responder 

19 entities. 

20 (4) PUBLIC SAFETY ANSWERING POINT.—The 

21 term ‘‘public safety answering point’’ has the mean22 ing given the term in section 222 of the Communica23 tions Act of 1934 (47 U.S.C. 222). 

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1 SEC. 602. NHTSA REPORT ON COSTS FOR REQUIREMENTS 

2 AND SPECIFICATIONS OF NEXT GENERATION 

3 9–1–1 SERVICES. 

4 (a) IN GENERAL.—Not later than 1 year after the date 

5 of enactment of this title, the Administrator of the National 

6 Highway Traffic Safety Administration, in consultation 

7 with the Commission and the Secretary of Homeland Secu8 rity, shall prepare and submit a report to Congress that 

9 analyzes and determines detailed costs for specific Next 

10 Generation 9–1–1 service requirements and specifications. 

11 (b) PURPOSE OF REPORT.—The purpose of the report 

12 required under subsection (a) is to serve as a resource for 

13 Congress as it considers creating a coordinated, long-term 

14 funding mechanism for the deployment and operation, ac15 cessibility, application development, equipment procure16 ment, and training of personnel for Next Generation 9–1– 

17 1 services. 

18 (c) REQUIRED INCLUSIONS.—The report required 

19 under subsection (a) shall include the following: 

20 (1) How costs would be broken out geographi21 cally and/or allocated among public safety answering 

22 points, broadband service providers, and third-party 

23 providers of Next Generation 9-1-1 services. 

24 (2) An assessment of the current state of Next 

25 Generation 9–1–1 service readiness among public 

26 safety answering points. 

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1 (3) How differences in public safety answering 

2 points’ access to broadband across the country may 

3 affect costs. 

4 (4) A technical analysis and cost study of dif5 ferent delivery platforms such as wireline, wireless, 

6 and satellite. 

7 (5) An assessment of the architectural character8 istics, feasibility, and limitations of Next Generation 

9 9–1–1 service delivery. 

10 (6) An analysis of the needs for Next Generation 

11 9–1–1 service of persons with disabilities. 

12 (7) Standards and protocols for Next Generation 

13 9–1–1 service and for incorporating Voice over Inter14 net Protocol and ‘‘Real-Time Text’’ standards. 

15 SEC. 603. FCC RECOMMENDATIONS FOR LEGAL AND STATU16 TORY FRAMEWORK FOR NEXT GENERATION 9– 

17 1–1 SERVICES. 

18 Not later than 1 year after the date of enactment of 

19 this title, the Commission, in coordination with the Sec20 retary of Homeland Security and the Administrator of the 

21 National Highway Traffic Safety Administration, shall 

22 prepare and submit a report to Congress that contains rec23 ommendations for the legal and statutory framework for 

24 Next Generation 9–1–1 services, consistent with rec25 ommendations in the National Broadband Plan developed 

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1 by the Commission pursuant to Public Law 111–5, includ2 ing the following: 

3 (1) A legal and regulatory framework for the de4 velopment of Next Generation 9–1–1 services and the 

5 transition from legacy 9–1–1 to Next Generation 9– 

6 1–1 networks. 

7 (2) Legal mechanisms to ensure efficient and ac8 curate transmission of 9–1–1 caller information to 

9 emergency response agencies. 

10 (3) Recommendations for removing jurisdictional 

11 barriers and inconsistent legacy regulations includ12 ing— 

13 (A) proposals that would require States to 

14 remove regulatory roadblocks to Next Generation 

15 9–1–1 services development, while recognizing ex16 isting State authority over 9–1–1 services; 

17 (B) eliminating outdated 9–1–1 regulations 

18 at the Federal level; and 

19 (C) preempting inconsistent State regula20 tions. 

21 TITLE VII—MISCELLANEOUS 

22 SEC. 701. SEVERABILITY. 

23 If any provision of this Act or an amendment made 

24 by this Act, or the application of the provision to any per25 son or circumstance, is held to be unconstitutional, the remstockstill on DSK4VPTVN1PROD with BILLS

126 

•S 911 RS

1 mainder of this Act and the amendments made by this Act, 

2 and the application of the provisions of this Act and the 

3 amendments made by this Act to any other person or cir4 cumstance, shall not be affected thereby. 

5 SEC. 702. RULE OF CONSTRUCTION. 

6 Nothing in this Act shall be construed as adding or 

7 subtracting from the authority the Commission may or may 

8 not have to regulate broadband Internet access service. 

9 TITLE VIII—COMPLIANCE WITH 

10 STATUTORY PAY-AS-YOU-GO ACT 

11 SEC. 801. BUDGET COMPLIANCE. 

12 The budgetary effects of this Act, for the purpose of 

13 complying with the Statutory Pay-As-You-Go-Act of 2010, 

14 shall be determined by reference to the latest statement titled 

15 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

16 submitted for printing in the Congressional Record by the 

17 Chairman of the Senate Budget Committee, provided that 

18 such statement has been submitted prior to the vote on pas19 sage. 

mstockstill on DSK4VPTVN1PROD with BILLS

mstockstill on DSK4VPTVN1PROD with BILLS

Calendar No. 546 

112TH CONGRESS 

2D SESSION S. 911 

A BILL 

To establish the sense of Congress that Congress 

and to enhance wireless communications. partisan legislation to strengthen public safety should enact, and the President should sign, biNOVEMBER 14, 2012 

Reported with an amendment 

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